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Muhammad Fuad Zain
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el-Aqwal: Journal of Sharia and Comparative Law
Published by Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto
ISSN : -     EISSN : 29625289     DOI : https://doi.org/10.24090/el-aqwal
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
el-Aqwal: Journal of Sharia and Comparative Law [e-ISSN: 2962-5289] is open access academic journal focused on publishing scholarly work that promotes and fosters knowledge in the field of Sharia, Law, Religioan and Comparative. All submissions undergo peer review, and the article in Indonesian, English or Arabic.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Volume 1 Issue 2 (2022)" : 6 Documents clear
Problematika dan Solusi Kesehatan Reproduksi Remaja Perspektif Fikih dan Psiko-Sosiologis Durotun Nafisah; Khoirul Amru Harahap
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 2 (2022)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (550.39 KB) | DOI: 10.24090/el-aqwal.v1i2.6934

Abstract

This paper examines the problems of Reproductive Health from fiqh and psycho sociological perspectives. At the end of the article, the author offers a solution to this problem. This research is literature and uses mixed theory with field studies as the sample. The research findings are that in the perspective of thoharoh fiqh, the problem is about water as a medium for purification from hadas and uncleanness, baligh, istinja’, ablution and bathing. Meanwhile, in the psycho-sociological perspective, they do not know basic knowledge about Kespro, sexual desire, shame to convey it to parents, feelings of discomfort and guilt about these desires. The solution to this problem is that Kespro is made a compulsory subject at the professional level or an integral part of the fiqh course, especially on the theme of thoharoh, it is necessary to conduct periodic studies on Kespro and or form an institution that handles the problems of Pros, namely the Adolescent Reproductive Health Information Center (PIKER).
Fikih Indonesia dalam Perspektif Pemikiran Hasbi Ash-Shidieqy dan Hazairin: Transformasi Hukum Islam Dalam Impelementasi Hukum di Indonesia Syifaun Nada
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 2 (2022)
Publisher : UIN Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (444.173 KB) | DOI: 10.24090/el-aqwal.v1i2.6935

Abstract

Ash-Shiddieqy’s introduction of the term Indonesian fiqh was a compromise between Indonesian nationalism and Muslim reformism. By making Indonesian customs one of the sources of Indonesian fiqh. His conceptualization of “Indonesian fiqh”, through his immersion in classical Arabic texts and the writings of later reformers from the Middle East, and Hazairin’s emphasis on the role of particular cultural circumstances in shaping the Islamic content of Indonesian law, both show a comparable comparison. initiatives in the 1980s and 1990s. All of these writing initiatives continue to be the backdrop for legal discussion and debate among Indonesian Muslim intellectuals in the early twenty-first century. Indonesian fiqh can be interpreted as a concept of fiqh that is more locally based in Indonesia. Hasbi As-Shiddiqi and Hazairin are the two figures who initiated the Indonesian model of Fiqh, in addition to other scholars. Hasbi Hasbi was one of the reformers who offered his ideas comprehensively, starting from his concept of “Indonesian Jurisprudence”, to legal reform that includes both principles and methods. Meanwhile, Hazairin proposed the development of a new inheritance system which was interpreted and elaborated based on the scriptural perception of the Qur’an and Sunnah that it was not a patrilineal system, but a bilateral one, namely the family model
Deradikalisasi Pemikiran Agama di lingkungan PTKIN Melalui Penguatan Mata Kuliah Perbandingan Madzhab: Studi pada Mahasiswa di UIN Prof. K.H. Saifuddin Zuhri Purwokerto dan UIN Sunan Kalijaga Yogyakarta Basith, Abdul; Labib, Mughni
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 2 (2022)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (480.646 KB) | DOI: 10.24090/el-aqwal.v1i2.7089

Abstract

Radicalism is a religious ideology it’s characterized is intolerant to diversity and differences that occur in religious and life state, so that it threatens the integrity and upholding of the Unitary State of NKRI. One of the causes of radicalism that can be embedded in individuals in society is because of the wrong understanding of religious teachings received from sources that cannot be accounted for. One of the efforts that can be done in the framework of the deradicalization project, and counter radicalism (anticipation of radicalism) is to instill a religious ideology that is characterized by wasathiyyah, moderate, and tolerant to diversity and differences in teachings and cultures in society. It was through strengthening the comparative madhhab courses in the PTKIN environment, especially students of the comparative madhhab study program. Based on research conducted by researchers, it turns out that there is a strengthening of comparative madhhab courses, according to the students, it is able to influence them to have a moderate paradigm, although according to some lecturers they think it is still weak, and cannot be maximized, so it needs a lot of curriculum development, and also create a climate and culture of discussion about moderation among students on campuses
Budaya Money Politic di Indonesia dalam Tinjauan Qawa'id Fiqhiyyah Masdar
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 2 (2022)
Publisher : UIN Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (467.247 KB) | DOI: 10.24090/el-aqwal.v1i2.7101

Abstract

Indonesia, which adheres to a democratic system, holds the people’s party in the implementation of general elections (elections) which are held every five years. Each edition of the general election (election) is always characterized by the practice of “money politics”. In the development of the term money politics, the media called it “political dowry”. Political dowry is the cost incurred to cover the cost of running a political party (political party) from the grassroots to the central level. Money politics held by successful teams is considered something realistic in getting votes. The general election (election) was initially real, moving towards transactional. This cannot be separated from the behavior of the Indonesian people which continues to develop in responding to the implementation of general elections from the beginning to the end of 2019. This paper responds slightly to the practice of political dowry which continues to exist in every five-year edition. In fact, this practice can be said to have been deeply rooted and become a culture of society in gaining votes in general elections (elections). Fiqh rules are one of the tools in determining cases in Islamic law. Al-’ādatu muhakkamah is one of the five principles of fiqh. al-’ādatu muhakkamah in its concept strongly adheres to two elements, firstly the element of al-’adah (customs) that exists in society, and secondly the element of ‘urf which contains good values in society. Equipped with several branches of the rules, then the writer calls it “al-’ādatu muhakkamah frame”. Because conceptually in these rules there are several limitations that become rules that are not free in absorbing and judging from the cultures or customs that develop in society. Political dowry in Indonesia has become entrenched because this practice has been carried out for quite a long time. based on the concept of al-’adatu muhakkamah cannot be allowed meaning it is prohibited (haram). With the indication that the culture of dowry politics is not part of a culture that has ma’ruf (kindness) values even though this has been assessed by the majority of society as something normal and commonplace. Furthermore, the effect of the political dowry is the beginning (root) of the corrupt practices by the elected candidates in the future.
Perbedaan Syariah sebagai Wahyu dan Syariah sebagai Hasil Pemikiran pada Masyarakat Era Modernisasi Agustar, Armi
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 2 (2022)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (466.001 KB) | DOI: 10.24090/el-aqwal.v1i2.7105

Abstract

This research departs from the doubts of modern society, regarding sharia as revelation and sharia as a result of thought. The progress of modern society has resulted in major changes to the mindset and lifestyle, especially the understanding of sharia as revelation and sharia as a result of thought. This type of research is qualitative descriptive, with an interdisciplinary approach and utilizes comparative, vertical, horizontal and diagonal comparative analysis methods. The purpose of this study is to explain that the difference between sharia as revelation and sharia as a result of thought and the relationship between the two. The conclusion of the notion of sharia and revelation itself and the relationship between sharia texts and others. The definition of revelation in its form is the Qur'an and Hadith, while sharia is the result of people's thoughts or understanding of the revelations that are said (mujtahid). The results of the mujtahid's thoughts on the Qur'an and Hadith are the products of thoughts such as: Tafsir, ijtihad, fiqh, judges, fatwas, jurisprudence, and codification.
Larangan Kawin Mojok bagi Pasangan Calon Pengantin Perspektif ‘Urf: Desa Tamansari Kecamatan Wuluhan Kabupaten Jember Muhammad Maymun; Kholil Mahmudi
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 2 (2022)
Publisher : UIN Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (468.972 KB)

Abstract

Mojok marriage is a marriage that is prohibited among the people of Tamansari Village, the people of Tamansari Village believe that when the mojok marriage is forced to be carried out, there is a disaster or disaster that befalls the bride and groom's family, based on this maslah researchers conduct research with the aim of studying and describing the views of the people of Tamansari Village regarding the Prohibition of Mojok Marriage, as well as Review 'urf against Mojok Marriage in Tamansari Village. The method used empirically (field Research) and qualitative approaches that produce qualitative descriptive data, the author in determining respondents using the purposive sampling method in the way that people are considered to know best what we expect. data in the field researchers use the interview method Researchers in analyzing a problem using the theory of analysis 'Urf or custom. The results of the prohibition research are the legacy of the ancestors, and the prohibition deserves to be obeyed because the prohibition is also for the good of the child and the household, in addition to being a society is also neutral about the ban, because every thing depends on each other's beliefs. In terms of the various 'urf is included in the category of al-'urf fi'li (Habits in the form of deeds), when viewed from its scope, it is classified as 'urf khas (special tradition), when viewed in terms of acceptance and rejection it can enter the 'urf that is shahih and it can also enter the 'urf that is fasid

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