Al-Manahij: Jurnal Kajian Hukum Islam, Jun 11, 2021
Fiqh as a product of Islamic law must always be up to date to become a religious solution for soc... more Fiqh as a product of Islamic law must always be up to date to become a religious solution for society. This fact requires scholars to have high creativity in doing ijtihad so that actualizing of Islamic law can be realized perfectly in today's contemporary era. One of the scholars who focus on the actualization of Islamic law is Yūsuf al-Qaraḍāwī. His fatwas, which contain actualizations of Islamic law, are fatwas on Muslim minority issues (fiqh al-aqalliyāt). This study highlights the role of Islamic legal maxims (al-qawāid al-fiqhiyyah) in al-Qaraḍāwī's fatwa on fiqh al-aqalliyāt. The data comes from books and articles related to the theme. This research proves that Islamic legal maxims have a dominant role in the methodology of al-Qaraḍāwī's ijtihad. In establishing his fatwa, al-Qaraḍāwī based the argument on the opinion of the islamic scholars in accordance to the basic values of fiqh principles. Therefore, his fatwa can be an actual solution for minority Muslim communities in Western countries. Thus, Islamic legal maxims (al-qawāid al-fiqhiyyah) play a role in controlling and systematizing the laws around fiqh al-'aqalliyāt so that it always leads to convenience and avoids difficulties.
The authority to issue fatwa in Indonesia sometimes puts Indonesia Ulema Council (MUI) under the ... more The authority to issue fatwa in Indonesia sometimes puts Indonesia Ulema Council (MUI) under the microscope, where society criticize some of MUI's fatwas. One of fatwas that raise pros and cons in society is religious freedom matters. Their fatwas on deviant groups and sects are widely regarded as a threat to religious freedom in Indonesia. Based on this explanation, this study aims to discuss the suitability of the legal reasoning in the MUI fatwa regarding the digression of religious pluralism with human rights instruments. This MUI fatwa will be studied using the theory of religious freedom instruments of David Llewellyn, which human rights enforcement agencies have widely used. This study has two conclusions. Firstly, most of the MUI legal reasoning are based on the classic books of Quranic and hadith interpretation. Secondly, the MUI fatwa on religious pluralism is intended to maintain public order, which is one of permissible restriction on degradablehuman rights.
This article aims to analyze the legal epistemology used in MUI's fatwas related to Covid-19. Thi... more This article aims to analyze the legal epistemology used in MUI's fatwas related to Covid-19. This article focuses on the MUI's fatwas on the Implementation of Friday and Congregational prayers to prevent the Transmission of the Covid-19 Pandemic and the Fatwa on Guidelines for managing the body (tajhiz al-jana'iz) of a Muslim infected with the Covid-19. This study is library research with qualitative methods. This article shows that MUI uses two epistemologies in its fatwas. The first is the epistemology of bayani, which is mainly derived from the authority of the Quran and Sunnah. This epistemology serves to establish the principle of law in the fatwa. The second is the epistemology of burhani, which is based on rational-empirical arguments. This epistemology serves to find out how dangerous the Covid-19 virus is. The two epistemological branches used by MUI above are an attempt to combine textual and rational-empirical arguments. Based on the eclecticism of these two epistemologies, the fatwa issued by MUI is more in line with the realities of today's life, especially regarding the reality of health during the pandemic of Covid-19.
This article aims to examine puritan Islam vs moderate Islam by review the idea of Khaled Abou el... more This article aims to examine puritan Islam vs moderate Islam by review the idea of Khaled Abou el Fadl in his scientific work entitled The Great Thefl: Wrestling Islam from Extremists. The results, that puritan Islam was a religious movement that existed since the days of Wahhabism in the 18 M and reached its peak in the 20 M. They were a Muslim minority who always spoke out calling for propaganda and absolutism and no compromise. Responding to this phenomenon, moderate Islam is required to take part in addressing puritanical Islam. Some of the offers presented were defensive jihad, being aggressive and also loudly voicing peace.
The lives of fishermen are said to have a profound influence on the lives of coastal towns. Their... more The lives of fishermen are said to have a profound influence on the lives of coastal towns. Their attitude toward marine resources effects their theological perspective as well. This fact is supported by Kiai Anwar's book ‘Aysh al-Baḥr, which discusses the legal position of consuming numerous aquatic animals. This article seeks to trace the book ‘Aysh al-Baḥr's understanding of culinary fiqh. As an analytical tool, this paper employs a normative approach and the notion of Islamic epistemology pioneered by al-Jābirī and Mulyadhi. This article demonstrates how the epistemology of culinary fiqh in ‘Aysh al-Baḥr employs an empirical approach to determining the legal status of ingesting animals by viewing and direct observing them. Kiai Anwar's background as a fisherman gives him an edge in developing normative and empirical reasons for marine animal laws. This conclusion demonstrates that coastal cultures have an extensive understanding of aquatic animal environments. This a...
Indonesian Council of ‘Ulama (MUI) has been issuing fatwas since its establishment in 1975. Amo... more Indonesian Council of ‘Ulama (MUI) has been issuing fatwas since its establishment in 1975. Among all the fatwas, there is the fatwa on Ahmadiyah group that aims to keep the orthodoxy of Sunni away from deviant theology. This study aims to examine the role of MUI in its fatwa on Ahmadiyah from the perspective of Islamic law and human rights. This research is qualitative research with a pattern of normative research through an in-depth study of the arguments of MUI. This fatwa on the Ahmadiyah group is based on two arguments. The first argument is Islamic law based on the Quran, hadith, and ijma’ concerning the exegesis and opinion of classical scholars. The second argument is the restrictions on human rights by arguing that the Ahmadiyah group can be a threat to public order. MUI assumes that every group or theology that is declared as “deviant†and incompatible with Quran, hadith, and ijma‘ is considered as a threat to public order. In other words, MUI still makes the cla...
Ihya’ ‘Ulum al-Din is one of the most studied books in the pesantren, especially in the pesantren... more Ihya’ ‘Ulum al-Din is one of the most studied books in the pesantren, especially in the pesantren of Sidogiri. The main reason is because the book has been considered as a book of sufism with high values of moderation. This study aims to identify the moderation values of da'wah in the Ihya’ and examine its effect on the da'wah paradigm of pesantren of Sidogiri. This study uses Gadamer's hermeneutic approach to connect the theory in the ihya' and the reality of da'wah at the pesantren of Sidogiri. Data obtained through documentation, interviews and observations. This study shows that the concept of da'wah in the Ihya’ is full of high values of religious moderation. This can be understood from the concept of amr ma'ruf nahi munkar which al-Ghazali explained in his work. This research also shows that the moderation value in the Ihya’ affects the da’wah paradigm of pesantren of Sidogiri which is moderate and full of persuasive approaches.
Fiqh as a product of Islamic law must always be up to date to become a religious solution for soc... more Fiqh as a product of Islamic law must always be up to date to become a religious solution for society. This fact requires scholars to have high creativity in doing ijtihad so that actualizing of Islamic law can be realized perfectly in today's contemporary era. One of the scholars who focus on the actualization of Islamic law is YuÌ„suf al-QaradÌ£aÌ„wiÌ„. His fatwas, which contain actualizations of Islamic law, are fatwas on Muslim minority issues (fiqh al-aqalliyaÌ„t). This study highlights the role of Islamic legal maxims (al-qawaÌ„id al-fiqhiyyah) in al-Qaraá¸ÄwÄ«'s fatwa on fiqh al-aqalliyaÌ„t. The data comes from books and articles related to the theme. This research proves that Islamic legal maxims have a dominant role in the methodology of al-QaradÌ£aÌ„wī’s ijtihad. In establishing his fatwa, al-QaradÌ£aÌ„wiÌ„ based the argument on the opinion of the islamic scholars in accordance to the basic values of fiqh principles. Therefore, his fatwa can be an actual solu...
Al-Manahij: Jurnal Kajian Hukum Islam, Jun 11, 2021
Fiqh as a product of Islamic law must always be up to date to become a religious solution for soc... more Fiqh as a product of Islamic law must always be up to date to become a religious solution for society. This fact requires scholars to have high creativity in doing ijtihad so that actualizing of Islamic law can be realized perfectly in today's contemporary era. One of the scholars who focus on the actualization of Islamic law is Yūsuf al-Qaraḍāwī. His fatwas, which contain actualizations of Islamic law, are fatwas on Muslim minority issues (fiqh al-aqalliyāt). This study highlights the role of Islamic legal maxims (al-qawāid al-fiqhiyyah) in al-Qaraḍāwī's fatwa on fiqh al-aqalliyāt. The data comes from books and articles related to the theme. This research proves that Islamic legal maxims have a dominant role in the methodology of al-Qaraḍāwī's ijtihad. In establishing his fatwa, al-Qaraḍāwī based the argument on the opinion of the islamic scholars in accordance to the basic values of fiqh principles. Therefore, his fatwa can be an actual solution for minority Muslim communities in Western countries. Thus, Islamic legal maxims (al-qawāid al-fiqhiyyah) play a role in controlling and systematizing the laws around fiqh al-'aqalliyāt so that it always leads to convenience and avoids difficulties.
The authority to issue fatwa in Indonesia sometimes puts Indonesia Ulema Council (MUI) under the ... more The authority to issue fatwa in Indonesia sometimes puts Indonesia Ulema Council (MUI) under the microscope, where society criticize some of MUI's fatwas. One of fatwas that raise pros and cons in society is religious freedom matters. Their fatwas on deviant groups and sects are widely regarded as a threat to religious freedom in Indonesia. Based on this explanation, this study aims to discuss the suitability of the legal reasoning in the MUI fatwa regarding the digression of religious pluralism with human rights instruments. This MUI fatwa will be studied using the theory of religious freedom instruments of David Llewellyn, which human rights enforcement agencies have widely used. This study has two conclusions. Firstly, most of the MUI legal reasoning are based on the classic books of Quranic and hadith interpretation. Secondly, the MUI fatwa on religious pluralism is intended to maintain public order, which is one of permissible restriction on degradablehuman rights.
This article aims to analyze the legal epistemology used in MUI's fatwas related to Covid-19. Thi... more This article aims to analyze the legal epistemology used in MUI's fatwas related to Covid-19. This article focuses on the MUI's fatwas on the Implementation of Friday and Congregational prayers to prevent the Transmission of the Covid-19 Pandemic and the Fatwa on Guidelines for managing the body (tajhiz al-jana'iz) of a Muslim infected with the Covid-19. This study is library research with qualitative methods. This article shows that MUI uses two epistemologies in its fatwas. The first is the epistemology of bayani, which is mainly derived from the authority of the Quran and Sunnah. This epistemology serves to establish the principle of law in the fatwa. The second is the epistemology of burhani, which is based on rational-empirical arguments. This epistemology serves to find out how dangerous the Covid-19 virus is. The two epistemological branches used by MUI above are an attempt to combine textual and rational-empirical arguments. Based on the eclecticism of these two epistemologies, the fatwa issued by MUI is more in line with the realities of today's life, especially regarding the reality of health during the pandemic of Covid-19.
This article aims to examine puritan Islam vs moderate Islam by review the idea of Khaled Abou el... more This article aims to examine puritan Islam vs moderate Islam by review the idea of Khaled Abou el Fadl in his scientific work entitled The Great Thefl: Wrestling Islam from Extremists. The results, that puritan Islam was a religious movement that existed since the days of Wahhabism in the 18 M and reached its peak in the 20 M. They were a Muslim minority who always spoke out calling for propaganda and absolutism and no compromise. Responding to this phenomenon, moderate Islam is required to take part in addressing puritanical Islam. Some of the offers presented were defensive jihad, being aggressive and also loudly voicing peace.
The lives of fishermen are said to have a profound influence on the lives of coastal towns. Their... more The lives of fishermen are said to have a profound influence on the lives of coastal towns. Their attitude toward marine resources effects their theological perspective as well. This fact is supported by Kiai Anwar's book ‘Aysh al-Baḥr, which discusses the legal position of consuming numerous aquatic animals. This article seeks to trace the book ‘Aysh al-Baḥr's understanding of culinary fiqh. As an analytical tool, this paper employs a normative approach and the notion of Islamic epistemology pioneered by al-Jābirī and Mulyadhi. This article demonstrates how the epistemology of culinary fiqh in ‘Aysh al-Baḥr employs an empirical approach to determining the legal status of ingesting animals by viewing and direct observing them. Kiai Anwar's background as a fisherman gives him an edge in developing normative and empirical reasons for marine animal laws. This conclusion demonstrates that coastal cultures have an extensive understanding of aquatic animal environments. This a...
Indonesian Council of ‘Ulama (MUI) has been issuing fatwas since its establishment in 1975. Amo... more Indonesian Council of ‘Ulama (MUI) has been issuing fatwas since its establishment in 1975. Among all the fatwas, there is the fatwa on Ahmadiyah group that aims to keep the orthodoxy of Sunni away from deviant theology. This study aims to examine the role of MUI in its fatwa on Ahmadiyah from the perspective of Islamic law and human rights. This research is qualitative research with a pattern of normative research through an in-depth study of the arguments of MUI. This fatwa on the Ahmadiyah group is based on two arguments. The first argument is Islamic law based on the Quran, hadith, and ijma’ concerning the exegesis and opinion of classical scholars. The second argument is the restrictions on human rights by arguing that the Ahmadiyah group can be a threat to public order. MUI assumes that every group or theology that is declared as “deviant†and incompatible with Quran, hadith, and ijma‘ is considered as a threat to public order. In other words, MUI still makes the cla...
Ihya’ ‘Ulum al-Din is one of the most studied books in the pesantren, especially in the pesantren... more Ihya’ ‘Ulum al-Din is one of the most studied books in the pesantren, especially in the pesantren of Sidogiri. The main reason is because the book has been considered as a book of sufism with high values of moderation. This study aims to identify the moderation values of da'wah in the Ihya’ and examine its effect on the da'wah paradigm of pesantren of Sidogiri. This study uses Gadamer's hermeneutic approach to connect the theory in the ihya' and the reality of da'wah at the pesantren of Sidogiri. Data obtained through documentation, interviews and observations. This study shows that the concept of da'wah in the Ihya’ is full of high values of religious moderation. This can be understood from the concept of amr ma'ruf nahi munkar which al-Ghazali explained in his work. This research also shows that the moderation value in the Ihya’ affects the da’wah paradigm of pesantren of Sidogiri which is moderate and full of persuasive approaches.
Fiqh as a product of Islamic law must always be up to date to become a religious solution for soc... more Fiqh as a product of Islamic law must always be up to date to become a religious solution for society. This fact requires scholars to have high creativity in doing ijtihad so that actualizing of Islamic law can be realized perfectly in today's contemporary era. One of the scholars who focus on the actualization of Islamic law is YuÌ„suf al-QaradÌ£aÌ„wiÌ„. His fatwas, which contain actualizations of Islamic law, are fatwas on Muslim minority issues (fiqh al-aqalliyaÌ„t). This study highlights the role of Islamic legal maxims (al-qawaÌ„id al-fiqhiyyah) in al-Qaraá¸ÄwÄ«'s fatwa on fiqh al-aqalliyaÌ„t. The data comes from books and articles related to the theme. This research proves that Islamic legal maxims have a dominant role in the methodology of al-QaradÌ£aÌ„wī’s ijtihad. In establishing his fatwa, al-QaradÌ£aÌ„wiÌ„ based the argument on the opinion of the islamic scholars in accordance to the basic values of fiqh principles. Therefore, his fatwa can be an actual solu...
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