Ulumuna
Ulumuna (P-ISSN: 1411-3457; E-ISSN: 2355-7648), a journal of Islamic studies published twice a year (June and December) by State Islamic University (UIN) of Mataram since 1997, publishes original (library or field) research articles in the field of Islamic studies. It promotes multidisciplinary approaches to Islam and Islamicate societies and focuses on six main topics: (1) the Qur’an and hadith (2) Islamic Law (3) Islamic Theology (Kalam) (4) Islamic Philosophy (5) Islamic Mysticism (Tasawwuf) (6) Islamic Education (7) Islamic Communication and Propogation (Dakwa) and (8) Islamic Politic. All submitted manuscripts are subject to double-blind review process. Ulumuna was admitted as an accredited journal by the Director General of Strengthening Research and Development, Ministry of Research Technology and Higher Education of the Republic of Indonesia in 2017. The accreditation is given through a Director Decree No. 32a/E/KPT/2017 and is effective until 2022. Ulumuna has become a CrossRef Member since year 2015. Therefore, all of its publications have a unique Digital Object Identifier (DOI) number.
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<![CDATA[Hukum Pernikahan di Kesultanan Melaka Abad ke-15 dan ke-16 M ]]>
<![CDATA[Ayang Utriza Yakin]]>
<![CDATA[ Ulumuna Vol 19 No 1 (2015): June ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mataram ]]>
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DOI: 10.20414/ujis.v19i1.1248
<![CDATA[This article examines legal aspects of Marriage law in the Sultanate of Malaka in the 15th and 16th centuries. It focuses on some legal aspects of Undang-undang Melaka (a text of laws of Melaka) represented by Liaw Yock Fang, regarding the issues of marriage such as wali (marriage guardian), ijāb-qabūl (consent of both parties), witness(es), t\alāq (repudiation), faskh (broken marriage contract), interfaith marriage and marrying slave. This study aims to know the source of the marriage laws of Undang-Undang Melaka (UUM). It shows that UUM was a collection of common law in Melaka and consisted of Islamic law. One aspect of Islamic laws was marriage law. In UUM, the legal aspect was based on fiqh of several schools (madhhab), particularly the al-Shāfi‘ī school derived from al-Iqnā’ written by al-Sharbini. This finding also refuses the previous research finding stating that it was derived from al-Taqrīb by Abū Shujā‘. DOI: http://dx.doi.org/10.20414/ujis.v19i1.1248]]>
<![CDATA[A Humanistic Phylosophical Analysis on Women Existence in the Fiqh of Syafii ]]>
<![CDATA[Iffatin Nur]]>
<![CDATA[ Ulumuna Vol 19 No 1 (2015): June ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mataram ]]>
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DOI: 10.20414/ujis.v19i1.1249
<![CDATA[In the fiqh of Shāfi‘ī, a humanistic philosophical analysis on women existence is given serious attention, particularly in his investigation on the matters of women. It is very vivid in his magnum opuses entitled al-Umm (The Mother), al-Risālah fi Us\ūl al-Fiqh and his periodicals qawl qadīm (old view) and qawl jadīd (new view). This article seeks to provide thorough analysis on the women empowerment through humanistic values from methodological and legal products aspects generated by Shāfi‘ī. In the aspect of methodology (us\ūl fiqh), the use of qiyās (analogy) is an indication of the humanistic value in the development of the mas\lah\ah\ (beneficial) principles. The legal products aspect can be explored through the following three classifications. Firstly, humanistic values of women in the law regarding the properties. Secondly, the humanistic values of women in the state law on economic issues related to religious conversion and social relations in political settings. Thirdly, the humanistic values of women in the marriage laws. DOI: http://dx.doi.org/10.20414/ujis.v19i1.1249]]>
<![CDATA[Legitimasi Hukum Pemberlakuan Syari’at Islam di Aceh: Tinjauan Yuridis, Sosiologis dan Filosofis ]]>
<![CDATA[M Jafar]]>
<![CDATA[ Ulumuna Vol 19 No 1 (2015): June ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mataram ]]>
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DOI: 10.20414/ujis.v19i1.1250
<![CDATA[The glory of Aceh Darussalam Kingdom in the past cannot be separated from the complete application of Islamic Sharia (kāffah) as the way of life in Aceh. Reflecting the historical past, the implementation of Sharia in Aceh in the present context is absolutely necessary. However, today's enforcement must refer to the three foundations, namely judicial, sociological, and philosophical. The most fundamental of juridical basis is the Constitution of 1945 (UUD 1945) Chapter XI on Religion and paragraph 2 of Article 29, new amendment of Article 18A paragraph 1 and Article 18B paragraph 1. The implementing of Sharia law in Aceh began with the birth law No. 44/1999 regarding the Implementation Features Special of Aceh Province, then refined by law No. 18/2001 on Special Autonomy for Aceh Province as Nanggroe Aceh Darussalam province. Then it is continued by the Law Number 11/2006 on the Governing of Aceh (UUPA). The sociological ground is majority Muslim of Acehnese can receive all the products based on Islamic Sharia law. The philosophical foundation, Islamic law, should be enforced based on the Qur'an and Hadith recommended preserving religion, life, property, lineage, and resourceful. DOI: http://dx.doi.org/10.20414/ujis.v19i1.1250]]>
<![CDATA[Pemikiran Islam Kontemporer Abdullah Saeed dan Implementasinya dalam Persoalan Murtad ]]>
<![CDATA[Ach Musif]]>
<![CDATA[ Ulumuna Vol 19 No 1 (2015): June ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mataram ]]>
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DOI: 10.20414/ujis.v19i1.1251
<![CDATA[Western media coverage on Islam and especially on terror attacks by Muslims has been exaggerated and pejorative. This stereotyping has portrayed Islam as problems. First, Islam is seen as sluggish in responding modernity and the advance of science and knowledge so it always lacks behind the West. Second, Islam is associated with extremism and terrorism which are incompatible with the West. Therefore, the emergence of rational thinking and cosmopolitan approach to Islam promoted by Muslim reformists, such as Abdullah Saeed, are very urgent to encounter such stereotype and discourse on Islam in the West. This article examines Saeed’s method called “progressive Islam”. By taking one example of conversion (murtād), this article elucidates how the method of ijtihād progressive is applied in one of the most controversial topics in Islamic law. This study shows that the law on murtād, as it was introduced by classical Muslim jurists, is now adopted by Muslim countries. However, such adoption does not have a sound ground on the Qur’anic texts and the Sunnah. DOI: http://dx.doi.org/10.20414/ujis.v19i1.1251]]>
<![CDATA[Peran dan Pengaruh Filsafat dan Logika dalam Metode Istinbāth Hukum Islam ]]>
<![CDATA[Abbas Arfan]]>
<![CDATA[ Ulumuna Vol 19 No 1 (2015): June ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mataram ]]>
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DOI: 10.20414/ujis.v19i1.1252
<![CDATA[Muslim scholars argue that the relationship between usul fiqh, philosophy, and logic is ‘alāqah ihtiyājiyyah manhājiyyah (methodological need relationship) because the legal ground in the theory of usul fiqh is not only derived from the scripture (naqlī) such as the Qur’an and Hadits but also from logic (‘aqlī). In order to have more understanding in the textual reason (naqlī), it requires logical reason or logical competence. This paper attempts to analyze critically and comprehensively such relationship so it will be revealed the position of philosophy and logic in Islamic law. This is important since Muslims still view that philosophy and logic are irrelevant with Islam. This study demonstrates that the relationship between philosophy and logic with Islamic law is very strong because the methodology of Islamic law (usul fiqh) accommodate them. So it is a methodological relationship. Thus, claiming that these two disciplines are forbidden in Islam, as Muslims may assume, is untenable. In contrast, they are an important element in the Islamic legal system. DOI: http://dx.doi.org/10.20414/ujis.v19i1.1252]]>
<![CDATA[Manhaj Fiqh Salafi-Literal Eksplorasi, Kritik dan Apresiasi ]]>
<![CDATA[Miftahul Huda]]>
<![CDATA[ Ulumuna Vol 19 No 1 (2015): June ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mataram ]]>
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DOI: 10.20414/ujis.v19i1.1253
<![CDATA[In the midst of various thoughts and applications of sharī‘ah in social life, and due to the historical momentum in nowadays, the method (manhaj) of literal-salafī is one of the most highlighted, appreciated and criticized aspects, both in theoretical and practical perspectives. This article is aimed to explore and describe systematically some aspects of such a method and then put them on the critical analysis framework in the epistemological and sociohistorical perspectives. Such a method has really its own superiorities and attraction in certain aspects, especially in theological and ideological views. That is due to the more consistent reference to the main sources of Islamic law, the Qur’an and the Sunnah. But in another side, there are weaknesses that should not be ignored, both in epistemological and sociological view. Those weaknesses have really been existed in its fundamental paradigms, doctrines, and also because such a manhaj has not yet been sufficiently developed in detail and practical concepts. DOI: http://dx.doi.org/10.20414/ujis.v19i1.1253]]>
<![CDATA[Pembaharuan Atas Hukum Keluarga di Indonesia: Satu Tinjauan Sosiologis ]]>
<![CDATA[Munawir Haris]]>
<![CDATA[ Ulumuna Vol 19 No 1 (2015): June ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mataram ]]>
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DOI: 10.20414/ujis.v19i1.1254
<![CDATA[The renewal of Islamic law is essentially contrary to something that already exists (existing) then undergoes a qualitative change as a product of interaction in public life. It could be argued that the process of renewal of Islamic law is seen as something autonomous, but it also interacts with other elements in society that occur interdependently. Therefore, the concept of renewal of Islamic law requires adaptive stance with social conditions in which it interacts. In this case, the realization of the principle of al-muh}āfaz}atu ‘alā al-qadīmi al-s\ālih} wa al-akhdhu bi al-jadīd al-as\lah} (Maintaining the old one if it is still good and accept the new or changed if it is considered better) became a necessity. Within the framework of family law renewal in Indonesia, Islamic law has a very strategic and important role. From the sociological point of view, Islamic family law has deeply rooted in the Muslim daily live and become a living law in the midst of the majority of Indonesian people. Renewal of Islamic law in the context of family law in Indonesia includes four categories namely fiqh, fatwā, jurisprudence and legislation. This article explores these four categories and shows how reform influence these domains. DOI: http://dx.doi.org/10.20414/ujis.v19i1.1254]]>
<![CDATA[Model Pengembangan Hukum Islam Berbasis Kedaerahan: Kajian Terhadap Ijma’ Ahl Al-Madīnah dan Implikasinya ]]>
<![CDATA[Muhammad Hasan]]>
<![CDATA[ Ulumuna Vol 19 No 1 (2015): June ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mataram ]]>
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DOI: 10.20414/ujis.v19i1.1255
<![CDATA[The basic spirit of Islamic law is s\ālih\un likulli zamān wa makān. Meanwhile, Islamic law delivered by the Prophet Muhammad and developed by his companions, even by Imam of the schools, is still limited to the mindset and culture of Arab society. Therefore, efforts to resolve various issues of Islamic law that arise in different parts of the world need a prototype methodology of thinking so that the Islamic law produces humanist characteristics. This paper offers a study on the development of Islamic law methods by taking a model of ijmā‘ ‘ahl al-Madīnah. In this case, ijmā‘ ‘ahl al-Madīnah is seen as a model of manhaj istinbāt\ of Islamic law on the ground of region. In the present context, in addition to masādir al-ah\kām, ijmā‘ ‘ahl al-Madīnah needs to be positioned as the methodology of Islamic law which results in humanist Islamic legal perspective. Since ijmā‘ ‘ahl al-Madīnah as masādir al-ah\kām has grounded reason then ijmā‘ ‘ahl al-Madīnah as manhaj al-fikr has a logical argument. Its implication is that the consensus (ijmā‘) based on the regional jurisprudence has become a valid method and source of Islamic law. DOI: http://dx.doi.org/10.20414/ujis.v19i1.1255]]>
<![CDATA[Dinamika Epistemologi Yuridis Ekonomi Syariah di Indonesia Perspektif Transisi Hukum H.L.A. Hart ]]>
<![CDATA[Mohamad Nur Yasin]]>
<![CDATA[ Ulumuna Vol 19 No 1 (2015): June ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mataram ]]>
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DOI: 10.20414/ujis.v19i1.1257
<![CDATA[The dynamic of the juridical epistemology of Islamic economy in Indonesia passed through four phases, i.e. sharī‘ah, fiqh, qānūn, and qad\ā’. The first two phases have normative doctrinal characteristics while the last two show positive legal formal characteristics. The transformation of Islamic economic law started at the level of normative moral doctrinal to the level of legal formal. It has a methodological spirit which is closely related to the theory of legal transition by H.L.A. Hart. According to Hart, the transition from moral to law involves two concepts. First, primary rules which define the moral values embraced by the people. Second, secondary rules which modify and dynamite the primary rules to be legal binding for all the people. In this case, state authority is required to execute the rules. In Hart’s perspective on the transition of law, sharī‘ah and fiqh are the rules of etiquette and obligation. Meanwhile, qānūn, and qad\ā’ are the rules of recognition, rules of change, and rules of adjudication. In the transition of law, there is an interconnection between law and Islamic economy sustainably, professionally, and proportionally. DOI: http://dx.doi.org/10.20414/ujis.v19i1.1257]]>
<![CDATA[Menggagas Fiqh Al-Bī’ah sebagai Basis Etis-Praktis Konservasi Alam ]]>
<![CDATA[Abdul Quddus]]>
<![CDATA[ Ulumuna Vol 19 No 1 (2015): June ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mataram ]]>
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DOI: 10.20414/ujis.v19i1.1258
<![CDATA[Environmentalists are now seeking a new way to tackle environmental crises after the failure of the science-based approach to these issues. They look for an alternative perspective and mechanism on the basis of religion or wisdom of local tradition for the environment maintenance. Islamic law (fiqh) offers ethical grounds and norms for the conservation of nature. The grounds are not abstract norms but concrete guidance for humans as the God’s vicegerent on earth. Furthermore, fiqh has provided individuals and society the standard of ethic and practice to deal with nature. This article examines the norms and history of fiqh regarding human-nature relations or fiqh al-bī’ah (Islamic law of nature preservation). It shows that fiqh offers a detailed h\alal-h\aram provision as the scheme of standard consumption, hima (wildlife protection) and ihyā’ al-mawat (cultivation of unowned land). DOI: http://dx.doi.org/10.20414/ujis.v19i1.1258]]>
