Al-Tahrir: Jurnal Pemikiran Islam
Al-Tahrir: Jurnal Pemikiran Islam is published by IAIN Ponorogo twice a year in May and November on the development of Islamic thought and have accredited Sinta 2 based on decree of Direktur Jenderal Penguatan Riset Dan Pengembangan Kementerian Riset, Teknologi, Dan Pendidikan Tinggi Republik Indonesia Number: 34/E/Kpt/2018, Date 10 December 2018. Al-Tahrir: Jurnal Pemikiran Islam invites enthusiasts studies Islamic thought to contribute articles in accordance with scientific standards. Editors reserve the right to revise without changing the content and purpose of writing.
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<![CDATA[Implementasi Wakaf Produktif di Indonesia Pasca Berlakunya UU No. 41 Tahun 2004 tentang Wakaf ]]>
<![CDATA[Nawawi Nawawi]]>
<![CDATA[ AL-TAHRIR Vol 13, No 2 (2013): Hukum Islam ]]>
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DOI: 10.21154/al-tahrir.v13i2.22
<![CDATA[Abstract: Before enacting the law No. 41, 2004 about Islamic pious endowment (waqf), endowment in Indonesia was only meant for immovable properties. This endowment, then, tended to emphasize more on the aspect of preservation of endowment objects rather than the productivity aspects. What was called the productive endowments at that time, then, became a analytical discourse but had not gained the legal endorcment yet. This paper describes the implementation of productive endowment in Indonesia after post enactment the Law No. 41 of 2004 on Waqf. Productive endowment in Indonesia has grown up into two models: endowment in the form of money through Islamic banks and in the form of grant money used as the venture capital of productive endowment development programs from Ministry of Religious Affairs aimed at developing endowment in various sectors of the real economy throughout Indonesia. However, two models of the productive endowment have not gotten enthusiastically reception from the public at least due to two factors. First, the public perception of waqf are understood as mere worship which has nothing to do with the matter of economic development. Second, professionalism in managing Nazhir waqf is so low that make many endowments in Indonesia unproductiveconomically.]]>
<![CDATA[Ilhaq al-Masa'il bi Nazairiha dan Penerapannya dalam Bahth al-Masa'il ]]>
<![CDATA[Luthfi Hadi Aminuddin]]>
<![CDATA[ AL-TAHRIR Vol 13, No 2 (2013): Hukum Islam ]]>
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DOI: 10.21154/al-tahrir.v13i2.18
<![CDATA[Abstract: Ilh}a>q al-Masa>’il bi Naz}a>iriha is one of the methods used by Nahdlatul Ulama in resisting the opinion based on (manhaji) analytical concept of Islamic jurisprudence (the solution for complex social problems as the main purpose of Islamic shari’ah). As known that, up to now, ilh}a>q has been understood as a process of answering a new case by the way of equating to the old one which is written in the book called al-mu’tabarah. Such ilh}a>q has got many criticisms both from the definitions, procedures and its epistemogical footing. This paper is about to reveal how the NU clerics of Islam understand the concept of Ilh}a>q}, what its epistemological footing was and how the concept was applied in discussing many cases (bah}th al-masa>’il). Based on the writer’s study to several documents of decision results of NU that Ilh}a>q did not only simplify to equate the new cases with the old ones that have been freely discussed in the books of al-mu’tabarah, but both cases should have similar legal substance, that is, both should be under the decrees of laws of al-qawa> ‘id al-fiqhi>yah. Thus, Ilh}a>q is actually answering the problem by applying al-qawa>‘id al-fiqhi>yah, whereas the formulation al-qawa>‘id al-fiqhi>yah itself was set off from the examination of a number of furu>’ generated by qiya> s. This paper also found three variations of the implementation of Ilh}a>q in bah}th al-masa>’il. First, the application of Ilh}a>q was without mentioning al-qawa> ‘id al-fiqhi>yah which covered new cases (mulh}aq) and the old case law that has been known in the books of fiqh (mulh}aq bih/attached to). Second, the application of Ilh}a>q was accompanied by mentioning mulh}aq bih and al-qawa> ‘id al-fiqhi>yah. Third, the application of Ilh}a>q, was only by the mentioning al-qawa> ‘id al-fiqhi>yah.]]>
<![CDATA[Jilbab dalam Pandangan Muhammad Sa'id al-'Asmawi ]]>
<![CDATA[Safala, Udin]]>;
<![CDATA[Makmun, Rodli]]>
<![CDATA[ AL-TAHRIR Vol 13, No 2 (2013): Hukum Islam ]]>
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DOI: 10.21154/al-tahrir.v13i2.23
<![CDATA[Abstract: Discussing the headscarf as a dress model in Islam is truely like talking about an outdated case because so many academics both from the West and the Islamic world itself has discussed it before. Yet, when confronted with the theoretical framework and approach or contemporary perspective, probably there is still academic space that can be used as a basis of analysis of long debate related to the jilbab, khima>r, muqna’, or clothing that are believed having value of shar’i> (Islamic laws). This paper attempts to explore, within its limitations, the concept of the veil/ headscarf through the thinking of Muh}ammad Sa’i> d al-’Asthma> wi> which are categorized by Wael B. Halla>q as a person in the area of liberal Islam. Through the theoretical framework of law, by using the historical approach of assets of jurisprudence ( us}u>l al-fiqh), al-’Asthma> wi>, the writer tries to position the concept of veil in Islamic teaching which is different from other islamic thinkers.]]>
<![CDATA[Fatwa Ulama tentang Hukum Nikah Misyar Perspektif Maqasid Shari'ah ]]>
<![CDATA[Tohari, Chomim]]>
<![CDATA[ AL-TAHRIR Vol 13, No 2 (2013): Hukum Islam ]]>
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DOI: 10.21154/al-tahrir.v13i2.14
<![CDATA[Abstract: Misyar marriage is a model of marriage which can be defined as an official marital, relationship between a man and a woman, in which the woman waives some of the rights she would have in a normal Islamic marriage. The muslim scholars have difference opinion about the law of the such marriage. Like any other issues in Islam, it has been a point of controversy and argument, especially among theologians. In this case, some allow, some prohibit and some others are in quo status called tawaqquf in deciding the rule and regulation of such marriage. This study examines the opinions of contemporary muslim scholars based on maqa>s}id shari>’ah perspective, to see which opinion should be prioritized and selected by considering aspects of maqa>s}id shari>’ah in connection with marital contexts, and considering its benefits and harms as a result of the maqa>s}id shari>’ah. The method used in this study was library research or text study (study of documents). The results of this study concluded that the banning of misya>r marriage –certaintly in the context of Indonesian society – was mostly in line with maqa>s}id shari>’ah in a broad sense, that is, to achieve its benefits and prevent its disadvantages.]]>
<![CDATA[Pembaruan Hukum ISlam dari Qawl Qadim ke Qawl Jadid dalam Madhhab Shafi'i ]]>
<![CDATA[Abdurrohman Kasdi]]>
<![CDATA[ AL-TAHRIR Vol 13, No 2 (2013): Hukum Islam ]]>
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DOI: 10.21154/al-tahrir.v13i2.19
<![CDATA[Abstract: Based on the action of al-Shafi’i that the Fatwa differs by the change of the [geographical] location. It was [even] said that this new Madh’hab [and Methodology] even started taking form just before he left Iraq to Mecca, others said [that it started to take form] before leaving Mecca, but what is definite though is that he wrote it and set its foundations in Egypt. Thus it has nothing to do with it being in Egypt or in Iraq. The consequence of this concept is that certain rules of Islam, would not apply, due to the new environment they live in, and that we live in a new time and age. So rules regarding riba, marriage, social interaction, international law, ruling systems, would need to be updated, according to the said principle. The proponents of this understanding use the example of Imam Shafi’i to legitimise their viewpoint.]]>
<![CDATA[Pembaruan Hukum Pencatatan Perkawinan di Indonesia Perspektif Maqasid Shari'ah ]]>
<![CDATA[Masruhan Masruhan]]>
<![CDATA[ AL-TAHRIR Vol 13, No 2 (2013): Hukum Islam ]]>
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DOI: 10.21154/al-tahrir.v13i2.15
<![CDATA[Abstract: The role of marriage registration (recording) is important particularly in maintaining and protecting the rights of individuals to prove the marriage implementation. Registration of marriage, therefore, is governed by various related rules or regulation. Unfortunately, the registration of marriage is only as a normative one. Meanwhile, most Muslims do not obey the law of marriages arranged by the state because the law is ambiguous, having multi interpretations and difficult to implement. In fact, there are many negative effects emerging from marriage under the hands such as not getting the marriage certificate, and husband, wife and their children not being able to perform civil legal action against the genetic father who has left them. Therefore, marriage under the hand must be prevented with preventive, curative and anticipative measures. In order to produce a law that can respond to the changing demands of time, place, conditions and welfare of the spouses, the maqa>s}id al - shari>ah approach (the purpose of the law) is eligible to apply . Therefore, the government should change the law of registration of marriages that are not relevant to the state of society so that society will feel suitable with the legal registration of the marriage.]]>
<![CDATA[Suicide Terrorism: Menelusuri Justifikasi Fikih dalam Literatur Jihad Kontemporer ]]>
<![CDATA[Rusli Rusli]]>
<![CDATA[ AL-TAHRIR Vol 13, No 2 (2013): Hukum Islam ]]>
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DOI: 10.21154/al-tahrir.v13i2.20
<![CDATA[Abstract: This paper deals with the issue of suicide terrorism or suicidal bombing which has been used as a serious tactic by terrorist organizations or radical and puritan religious movements. The motive behind this kind of action varies greatly, ranging from religious, cultural, political, to social issues. In the literatures on jiha>d, there are various points of view regarding the legality and validity of suicidal attack. First, those who allow this act and regard it as a part of the tactic and strategy of jiha>d, such as radical islamist movements (Salafi-jiha>dists). Second, those who allow it on several conditions, such as Salafi-intellectual (salafiyyah ‘ilmiyyah) and Salafi-reformists (salafiyyah is}la>hiyyah). Third, those who prohibit this act absolutely, such as Salafi-wahha>bists (salafiyyah wahha>biyyah), who based their arguments on the assumption that this is regarded as the act that is prohibited in Islam, and there is no legal precedence in the history of Islamic law that allows the attack to civil people (women, children, and old men) and non-military targets.]]>
<![CDATA[Perlindungan dan Kesejahteraan Anak dalam Perkawinan di Bawah Umur ]]>
<![CDATA[Ali Imron]]>
<![CDATA[ AL-TAHRIR Vol 13, No 2 (2013): Hukum Islam ]]>
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DOI: 10.21154/al-tahrir.v13i2.16
<![CDATA[Abstract: A person who will get marriage must meet the administrative and subtantive requirements. These requirements have positive role to echieve the goal and wisdom of marriage for each side. Marriage is permited at the age of 19 years for man and 16 years for woman. Nevertheless the request of dispensation for marriage can be proposed by anyone who needs it because of some reasons. This, of course, would open the opportunity of underage marriage to happen. The dispensation for marriage should be based on the consideration of welfare and goodness of children and family. Even welfare and goodness of children should be put over the interests of parents and family magnitude as a form of the protection of children. Marriage under the age of a regulated- norm of law violates the protection and the welfare of children though they have received legal dispensation from the court . Such marriage would disturb the development of the children’s potential and cause the loss of getting social welfare.]]>
<![CDATA[Aplikasi Imkan al-Ru'yah Perspektif Fiqih dan Astronomi di Indonesia ]]>
<![CDATA[Muhammad Hasan]]>
<![CDATA[ AL-TAHRIR Vol 13, No 2 (2013): Hukum Islam ]]>
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DOI: 10.21154/al-tahrir.v13i2.21
<![CDATA[Abstract: One moderate method to determine the beginning of the month is imkān ar-ru’yah. On the other hand, there is no agreed imkān ar-ru’yah criteria among Muslims resulting in the claims of syar’i crescent and astronomy crescent. Therefore, Muslim scholars suggest that imkān ar-ru’yah criteria should be developed using a systematic scientific research. In addition, the atmosphere thickness in the equator is not similar to other countries so that the specific imkān ar-ru’yah criteria in Indonesia is possible to be different from other countries which are far from the equator. Based on the background, the writer is interested in to do research on imkān ar-ru’yah in Indonesia in the perspective of fiqh and astronomy. This writing uses “science cum doctrinaire approach”to analyse data . The findings of this research are as follows. First, in the fiqh perspective, there are several variables of imkān ar-ru’yah: calculating, horizon, crescent and testimony, and criteria. The imkān ar-ru’yah criteria in fiqh perspective is altitude >2˚ and elongation >3,6˚. Second, in the astronomy perspective, imkān ar-ru’yah criteria is formulated by altitudes >3,7˚ and elongation >5,5˚. Third, the tendency of the new moon criteria that is acceptable in the astronomy and fiqh perspectives is altitude >2,7˚ and elongation > 5,5˚.]]>
<![CDATA[Hukum Islam dalam Pergumulan Politik Hukum Nasional Era Reformasi ]]>
<![CDATA[M. Shohibul Itmam]]>
<![CDATA[ AL-TAHRIR Vol 13, No 2 (2013): Hukum Islam ]]>
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DOI: 10.21154/al-tahrir.v13i2.17
<![CDATA[Abstract: This paper describes the existence of Islamic Law in the plurality of national law amidst the process of the tug of political struggle of national law in reform era. This discussion is focused on the following; first, the struggle of religion, law and politics in Indonesia; second, the development of Indonesian law and politics of law in reform era; third, the opportunities and challenges of Islamic law in the middle of the plurality of national law in reform era. This paper was as a result of library research using legal normative status, historical, and sociological point of view. The result of this study was that the struggle of religion, law and politics in Indonesia was as a process of symbiosis mutualism. Every religion has the same rights in a democratic frame of Pancasila and the 1945 Constitution and the government is as its regulator. The development of law and political law of the reform era indicated that the presence of political sciencetific engineering of Dutch law had resulted in positive law in Indonesia which had not met the legal awareness of the community. In fact, the opportunities and challenges of Islamic law in the middle of the plurality of national law of reform era are formulated in three aspects. Politically, the weak parliamentary support in the National Legislation Program PROLEGNAS) affects the existence of Islamic law. Philosophically, the internal conflict in the understanding of Islamic law sometimes marginalize Islamic law itself. And sociologically, only few values of Islamic law are absorbed in a national scale.]]>
