scholarly journals The Implementation of Ijtihād Jamā'iy in MUI's Fatwa Commission

2020 ◽  
Vol 28 (2) ◽  
pp. 125-144
Author(s):  
Moh. Bahrudin ◽  
Tulus Suryanto ◽  
Mohd Mizan Bin Mohammad Aslam
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Knowing That ◽  
Holy Quran ◽  
The Holy Quran ◽  
Universal Values ◽  
Correct Reasoning ◽  
High Level ◽  
Religious Elements

The Holy Quran and Sunnah contain universal values that require correct reasoning to be understood and applied by the Muslims. In this context, the scholars have been justified by Allah Almighty to undertake the ijtihād and ijmā’. This study aims to describe the ijtihād jamā’iy (collective ijtihād theory), as well as to analyze the imple­mentation of ijtihād jamā’iy at MUI’s Fatwa Commission in Lampung. This study is a combination of literature and field research. The data were obtained through literature studies of books, articles, and journals in related issues. Besides, the authors also interviewed MUI members to gain deeper information. Theoretically, the contemporary ijmā’ process can be pursued by an independent forum to conduct studies until a consensus is obtained from the majority of the participants. The panel must involve all religious elements in a representative manner. The practice of establishing Islamic law carried out by MUI’s Fatwa Commission of Lampung Province is in accordance with the concept of ijtihād jamā’iy in the science of uṣūl fiqh. This analysis is important so that people have a high level of compliance after knowing that the MUI Lampung fatwa is ijma, which in fact is one of the sources of Islamic law.

scholarly journals The Study of The Validity of The Surface Structure of Holy Quran

2019 ◽  
Vol 19 (1) ◽  
Author(s):  
Esmaeil Rezaei
Keyword(s):  
Data Collection ◽  
Surface Structure ◽  
Islamic Law ◽  
Current Paper ◽  
Data Collection Tool ◽  
Human Reason ◽  
Human Happiness ◽  
The World ◽  
Holy Quran ◽  
The Holy Quran

The validity of the surface structure of the Holy Qur'an is one of the most important Qur'anic debates, which also affects the issues of Islamic law. The meaning of surface structure of the Qur'an is that the surface structure of the Qur'an is understandable to every reader and listener, as well as any human text, and that which man understands the surface structure of the Qur'an by means of verbal and illogical indications. The current paper examines the validity of the surface structure of the Holy Quran, following expanding the conceptual subject of the research.  Given the thematic documents presented, this is a descriptive-analytical paper with library sources data collection tool. The findings indicate that: The most important reason for believing in the validity of the Holy Qur'an surface structure is that this holy scripture includes the plan of human happiness in the world and the Hereafter. Therefore, if the surface structure of the Holy Quran is not justified, how one can use its surface structure to answer difficult questions that limited human reason is incapable of answering. In addition, the Holy Qur'an, although revelation and has been revealed by God, but because it is revealed in the form of words, it is governed by the principles and rules governing all languages, among which are the validity of their surface structure for those familiar with the language. Keabsahan struktur permukaan Al-Qur'an adalah salah satu perdebatan Al-Qur'an yang paling penting karena  mempengaruhi masalah hukum Islam. Makna struktur permukaan Al-Qur'an adalah bahwa struktur permukaan Al-Qur'an dapat dipahami oleh setiap pembaca dan pendengar, serta teks manusia mana pun, dan apa yang dipahami manusia oleh struktur permukaan Al-Qur'an dengan cara indikasi verbal dan tidak logis. Penelitian ini  meneliti validitas struktur permukaan Al-Qur'an, dengan memperluas subjek konseptual penelitian. Mengingat dokumen tematik yang disajikan, pendekatan deskriptif-analitis dengan alat pengumpulan data sumber perpustakaan. Temuan menunjukkan bahwa: alasan paling penting untuk percaya pada validitas struktur permukaan Al-Qur'an adalah bahwa kitab suci ini mencakup rencana kebahagiaan manusia di dunia dan akhirat. Karena itu, jika struktur permukaan Al-Qur'an tidak benar, bagaimana seseorang dapat menggunakan struktur permukaannya untuk menjawab pertanyaan-pertanyaan sulit yang membatasi akal manusia. Selain itu, Alquran, meskipun wahyu dari Allah,  tetapi karena diturunkan dalam bentuk kata-kata, diatur oleh prinsip dan aturan yang mengatur semua bahasa, di antaranya adalah validitas struktur permukaan untuk mereka yang terbiasa dengan bahasa.

scholarly journals تعزیری جرائم کےلئے سزاکا قیام: ایک شرعی جائزہ

Al-Duhaa ◽  
2021 ◽  
Vol 1 (02) ◽  
pp. 103-118
Author(s):  
Nisar Ahmad ◽  
Muhammad Anees
Keyword(s):  
Islamic Law ◽  
The Body ◽  
Legal Punishment ◽  
The Third ◽  
Muslim Countries ◽  
Holy Quran ◽  
The Holy Quran ◽  
The Right

Islam is the religion of peace. Islamic law describe a complete and comprehensive law of punishment for the eradication of crimes and maintenance of peace. According to Islamic law, the punishments can be classified under three main categories: Al-Hudud (fixed punishments), Al-qisas (Retaliation), and Al-Taazir (discretionary). Hudud means the punishment which has been specified in the Holy Quran and Sunnah and no individual or group has the right to amend or abrogate it. The second is Qisas, which means the equal retaliation of an aggression committed against the body of a person. The third Kind of Islamic legal punishment is Taazir, it means, a crime for which The Holy Quran and Sunnah have not fixed any punishment, instead, have left it to the discretion of the judges. But in the recent era, many of the Muslim countries don’t leave the punishments of the penal crimes (Taaziraat) to the discretion of the Judges, each Muslim state restrict the rights of the Judge to give punishment at his own’s discretion, and legislating for the punishments of penal crimes (Taaziraat), and make the Judges abide by a particular measure of punishment for penal crimes (Taaziraat). In this articles, we will analyze the above mentioned issue in the light of Islamic principles, that what, it is lawful for any Muslim state to legislate for the punishment of penal crimes or not?

scholarly journals The importance of Hadith and Sunnah in Islamic way of life: A research review

2020 ◽  
Vol 03 (01) ◽  
Author(s):  
Naseem Akhtar ◽  
Husn Ara ◽  
Abdul Haleem Abid
Keyword(s):  
Islamic Law ◽  
Research Paper ◽  
Research Review ◽  
Secondary Source ◽  
Way Of Life ◽  
Central Figure ◽  
Holy Quran ◽  
The Holy Quran ◽  
Religious Problems ◽  
The Way

Muslim Ummah agrees that correct and authentic Ahadith are building over all the Muslims. Several verses of the Holy Quran commands sincere obedience of the Holy Prophet (peace be upon him) is obligatory and is a religious duty of a Muslim. The way of the obedience of the Holy Prophet (peace be upon him) is to follow his footsteps and his teachings. His correct Ahadith should be referred in resolving all sort of religious problems and his authentic Ahadith are secondary source of Islamic law after the Holy Quran, because our Holy Prophet (peace be upon him) is a central figure of Islam. In this research paper, in the light of the views of experienced lexicographers, the lexical and intellectual meanings of the Sunnah has been explained; and importance of Hadith-o-Sunnah has been explained to live the life in Islamic manner.

scholarly journals التفسير النبوي لألفاظ العبادة

rahatulquloob ◽  
2019 ◽  
Vol 3 (2(2)) ◽  
pp. 31-41
Author(s):  
Dr. Hafiz Haris Saleem ◽  
Dr. Kifayatullah Hamdani
Keyword(s):  
Prior Knowledge ◽  
Islamic Law ◽  
Holy Quran ◽  
The Holy Quran

The Sunnah and Hadith of the Holy Prophet PBUH has been accepted as an important source of Islamic law, next in importance only to the Holy Quran. This status of the Sunnah has remained unchallenged and undisputed throughout the centuries. There have been many differences among Muslims in their juristic opinions, but the authority of the Holy Quran and Sunnah of the Holy Prophet PBUH was never denied by any jurist. The Holy Prophet PBUH being the best teacher employed two different ways to enlighten his companions about Islam and particularly matters of worships. On few occasions, he inquired about their prior knowledge about the topic and then illuminated it, while on other occasion, he simply exposited the spirits and essence of rites and rituals.

scholarly journals Praktik Khitan dengan Metode Sunathrone Klamp Perspektif Hukum Islam (Studi Kasus di Smart Care Center Makassar)

2021 ◽  
Vol 2 (2) ◽  
pp. 326-335
Author(s):  
Rachmat Bin Badani Tempo ◽  
Santi Sarni ◽  
Sri Ujiana Putri ◽  
Nur Fadhilah
Keyword(s):  
Islamic Law ◽  
Care Center ◽  
Healing Process ◽  
Field Research ◽  
Healing Time ◽  
Working Process ◽  
Practical Tool ◽  
Fast Healing ◽  
High Level ◽  
Short Time

This study aimed to examine the practice of circumcision using the Sunathrone Klamp method at the Makassar Smart Care Center Clinic in a review of Islamic law. This research used field research using normative theological approaches and health approaches. Data collection techniques were conducted through observation, interviews, and documentation. The research results found; 1) The healing process of the circumcision wound has a phase in 3 weeks (21 days), in which the skin will return to its original shape. There are three phases of wound healing after circumcision using the Sunathrone Klamp method, namely the inflammation phase, the proliferation phase, and the remodeling phase; 2) The advantages of the Sunathrone Klamp include a relatively short time, no stitches, minimizing pain, psychologically the child feels comfortable when circumcised, and relatively fast healing time. The drawbacks after circumcision are that the patient feels uncomfortable because the clamp will be installed in a few days, and has a high level of operational standards, so that it is only used by experts in the field; and 3) Sunathrone Klamp is a practical tool for circumcision or circumcision with an easier, safer, and hygienic working process. In a review of Islamic law, the Sunathrone Klamp method is permissible, as long as the circumcision process is carried out by an expert or professional.

scholarly journals MODEL PELAKSANAAN METODE MANHAJI DALAM PROGRAM TAFHĪMUL QUR’AN JUZ 1 (SATU)

2019 ◽  
Vol 19 (2) ◽  
pp. 136-143
Author(s):  
Sudarno Shobron ◽  
Syahrul Ramadhon
Keyword(s):  
High School ◽  
Mixed Method ◽  
Field Research ◽  
Boarding School ◽  
The Elderly ◽  
Holy Quran ◽  
Before And After ◽  
The Holy Quran ◽  
Method Approach

A lot of Muslims are increasingly distant from the Holy Quran with various reasons such as busy, can not read even not understand the content of the verse that was read. Muhammadiyah as an Islamic da'wah organization that hathe motto ar ruju 'ilal Quran wa Sunnah (back to the Holy Quran and Sunnah) always try to re-grow the love and pride of Muslims to the Quran, one of the efforts is shown by choosing a method that feels easy for all students from the elderly to the elderly to understand the content of the Holy Qur'an, and the method which chosen by Majlis Tabligh Muhammadiyah was the method of manhaji. The purpose of this research is to know the level of difference understanding of students between before and after following program tafhīm with manhaji method. Beside that, this research also aim to measure effectiveness of manhaji method as a method to understand the meanings contained in the Holy Quran. This research is field research that using mixed method approach. This research took a case study at Muhammadiyah Boarding School (MBS) Muhammadiyah High School (SMA) Muhammadiyah Bantul (MUHIBA) and Muhammadiyah Branch Chief (PCM) Kretek. Data collection techniques in this research consisted of observation, interviews, questionnaire and documentation. The result of this research shows that the implementation of program of tafhīm al Quran with method of manhaji both of MBS MUHIBA and citizen of Muhammadiyah Kretek are done well, there is improvement of ability to understand Holy Quran at student of MBS MUHIBA and citizen of Muhammadiyah Kretek after following program of tafhīm al Quran with method of manhaji. It so happens, the result of effectiveness level of manhaji method in program of tafhīm al Quran at MBS MUHIBA is Very Effective, and at PCM Kretek is Effective.Banyak umat Islam semakin jauh dari al Quran dengan berbagai macam alasan seperti sibuk, tidak bisa membaca bahkan tidak faham dengan kandungan ayat yang dibaca. Muhammadiyah sebagai organisasi dakwah Islam yang memiliki semboyan ar ruju’ ilal Quran wa Sunnah (kembali kepada al Quran dan Sunnah) senantiasa berusaha untuk menumbuhkan kembali kecintaan dan kebanggaan umat Islam kepada al Quran. Salah satu usaha tersebut ialah dengan memilih metode yang dirasa tepat untuk memahami al Quran baik bagi para pelajar hingga orang yang berusia lanjut. Metode yang dipilih oleh Muhammadiyah melalui Majlis Tabligh adalah metode manhaji. Tujuan dari penelitian ini adalah untuk mengetahui tingkat perbedaan pemahaman santri antara sebelum dan sesudah mengikuti program tafhīm dengan metode manhaji. Selain itu, penelitian ini juga bertujuan untuk mengukur tingkat efektivitas metode manhaji sebagai metode untuk memahami makna-makna yang terkandung dalam al Quran. Penelitian ini adalah penelitian lapangan (field research) dengan pendekatan mixed method atau metode campuran antara penelitian kualitatif dengan penelitian kuantitatif. Penelitian ini mengambil studi kasus di Muhammadiyah Boarding School (MBS) Sekolah Menengah Atas (SMA) Muhammadiyah Bantul (MUHIBA) dan Pimpinan Cabang Muhammadiyah (PCM) Kretek. Teknik pengumpulan data dalam penelitian ini terdiri dari observasi, wawancara, kuesioner dan dokumentasi. Hasil penelitian ini menunjukkan bahwa pelaksanaan metode manhaji dalam program tafhīm al Quran baik di MBS MUHIBA maupun PCM Kretek telah dilaksanakan dengan baik, terjadi peningkatan kemampuan dalam memahami al Quran pada santri MBS MUHIBA dan warga Muhammadiyah Kretek setelah mengikuti program tafhīm al Quran dengan metode manhaji. Adapun tingkat efektivitas metode manhaji dalam program tafhīm al Quran di MBS MUHIBA adalah Sangat Efektif, sedangkan tingkat efektivitas di PCM Kretek adalah Efektif.

scholarly journals Coercion to destroy other people’s money between sharia Jordan’s Civil Code: Comparative study: الإكراه على إتلاف مال الغير بين الشريعة الإسلامية والقانون المدني الأردني: دراسة مقارنة

2021 ◽  
Vol 5 (17) ◽  
pp. 58-42
Author(s):  
Ammar Mahmoud S. Shwayat Ammar Mahmoud S. Shwayat
Keyword(s):  
Analytical Method ◽  
Islamic Law ◽  
Civil Law ◽  
Comparative Approach ◽  
Research Material ◽  
Holy Quran ◽  
The Holy Quran ◽  
Definition Of ◽  
Scientific Subject ◽  
Language And Law

This research deals with the issue of coercion to destroy the money of others in Islamic sharia and Jordanian civil law and the importance of this research is evident by showing the picture of the truth of the jurisprudential issues based on this type of coercion. And the sharia ruling in these pictures. And the problem of the research revolved around the sayings of scholars about the reality of coercion. The main objective of the study is to make a comparison between sharia and Jordanian civil law in this matter. As for the key words included in the research. They Are: coercion money destruction of money. Immoral coercion. And unresolved coercion. As for relying in this study on three main approaches. Namely: 1. the inductive approach for all the scientific subject: by referring to what I have available to me from language and fundamentals books. Branches and jurisprudential rules. And books on jurisprudential and law. 2 the analytical method for this available research material by presenting the sayings of scholars in Islamic law and Jordanian civil law 3. The comparative approach by presenting the saying of the four schools of thought and the Jordanian civil law 4 the attribution of the Quran to their place in the noble Quran and the output of the hadiths based on the two sahib al – Bukhari. Then the four Sunnah again and attributing the effects contained in this study to their books and Sayers with judging.to achieve this topic. I divided my research into two coats. The first requirement: clarifies the definition of language and law. the pillars and conditions of coercion. types of coercion. recourse and non – recourse coercion. Moral coercion. And the evidence for the existence of coercion from the holy Quran and the Sunnah. As for the second requirement. It death with the effect of coercion on destroying the money of others in Islamic sharia and Jordanian civil law in coercion.

scholarly journals Aplikasi ayat-ayat bisnis dalam al-Qur’an pada pesantren enterpreneur: studi kasus di Pondok Pesantren Sidogiri Pasuruan

2016 ◽  
Vol 15 (2) ◽  
pp. 177
Author(s):  
Moh. Toriquddin
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Banking System ◽  
Boarding School ◽  
Money Management ◽  
Good Service ◽  
Legal Contract ◽  
Holy Quran ◽  
Modern System ◽  
The Holy Quran

This research discusses the application of Quran verses of business in Sidogiri boarding school, Pasuruan.It is aimed at explaining how verses of business in the Holy Quran are applied in the business ofSidogiri boarding school, Pasuruan. Qualitative research is applied. Data are analyzed through thematicinterpretation. The study shows that the application of verses of business in the Quran is a form ofworship. Professionalism and ethic of business in BMT UGT Sidogiri has already been well practiced asa form of worship which employs legal contract in Islamic law; application of principle of honesty(shiddiq), communicativeness (tablig), trustworthiness (amanah), and professional (fatanah) in runningbusiness as the manifestation of worship in Allah. Professionalism in business can be known from theuse of justice principle; the absence of additional money from customer, the guarantee of keepingcustomer’s privacy, and the modern system of money management which uses e-banking system. Ethicof business is such particular soft rejection towards customers and good service.

scholarly journals THE CONCEPT OF HALAL AND THAYYIB AND ITS IMPLEMENTATION IN INDONESIA

2019 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Muhammad Cholil Nafis
Keyword(s):  
Islamic Law ◽  
Science And Technology ◽  
Certification Process ◽  
Arabic Word ◽  
Holy Quran ◽  
The Holy Quran ◽  
Access To Food

The issue of halal and haram is regarded by Muslims as the basis concept. The word halal is derived from Arabic word, permissibility (in the sense of what is permitted in the Shariah). For Muslims, the basis of every action must be worship, which is worshipping to God Almighty. The eating activity is also a means of worship with rules and procedures according to the Sharia. The Holy Quran says eating is not just enough for halal but it should be thayyib. Therefore, the guarantee of halal products is important. The tremendous advances in science and technology in the fields of food, medicine and cosmetics are growing. This condition affects many things in the processing and use of basic ingredients. In order to keep Muslim’s food from haram contaminations, espicially from basic ingredients, the Indonesia Ulema Council (MUI) has been the pioneer in obtaining Halal certification. In Indonesia, the efforts to award Halal certificates have taken a quarter of a century. MUI has been granted a Halal certificate to ensure the nation's access to food, beverages and halal materials. MUI has also established the standards of halal according to Islamic law. The examination and study are then conducted to issue a fatwa and then a Halal certificate is issued. Halal certification process was not maximized in Indonesia because politics was not integrated and facilities and infrastructure were inadequate.

scholarly journals Restorative Justice in Islam with Special Reference to the Concept of Diyya

2020 ◽  
Vol 3 (1) ◽  
pp. 38-56
Author(s):  
Absar Aftab Absar
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Islamic Law ◽  
Human Beings ◽  
Criminal Justice Systems ◽  
Holy Quran ◽  
The Holy Quran ◽  
Blood Money ◽  
Precautionary Measures

The theme of Quranic commands is promoting collective goodness and virtuous qualities in human beings and providing preventive and precautionary measures to minimize the commission of crimes. However, in the event of happening of crimes, fair and unbiased justice has been awarded the prime importance in the Islamic law, derived mainly from the Holy Quran, Hadith and compilations of Islamic jurisprudence. The Islamic law has deeply embedded elements of what we call today as the restorative system; an alternative paradigm being advocated globally since the 1970s for tackling the trend of rising crimes and relatively low efficacy of the conventional retributive form of justice and the preventive theory of punishment. The law of Qisas (retaliation), the practices of conciliation or Suluh, restitution or compensation ( Diyya, meaning blood money), isolation, forgiveness, community service, warning, fining and reintegration are all components of the Islamic law which are very much analogous to the concept of restorative justice. In all these matters, the role of the victim is dominant and central, a mandatory precondition of contemporary restorative practices. It is particularly relevant to discuss about the provisions under Diyya; a unique concept of the Islamic criminal justice system which is the payment of money to the victim of a violent crime and is very much analogous to the attributes of restorative justice. Diyya is not just limited to homicide; its provisions are applicable for any injury or incident resulting in bodily harm, intentional or unintentional, caused by another person. The payment can be made in substitution for the Qisas penalty at the request of the victim or it can be imposed if any of the procedural or substantive requirements for the imposition of Qisas have failed. It needs to be pointed out here that Diyya is translated as ‘blood money’, a negative connotation, undermining the virtues of this concept. It should better be seen as one of the best examples of restorative justice in the criminal justice systems of the world in the form of restitution to the victim paid by the guilty offender. There are numerous examples of implementation of Diyya in Islamic countries, where not only the lives of those who had been awarded death penalties were saved but also the families of victims were paid Diyya to help them rehabilitate and restore their place in the society. The procedures under Qisas and Diyya being victim-centric, the final option that victims have in a case of intentional homicide or wounding is to forgo both the penalty and restitution and forgive the offender; an act which has been highly appreciated in the Holy Quran and Hadith. It is pertinent to record here that the credibility of the concept of Diyya, its utilitarian nature and its restorative character are unambiguous, not only because it is a component of the Divine Law of Islam but also because of the fact that systems like Diyya are in practice in countries such as Japan and Korea and had been prevalent in many parts of Europe just about the time when Diyya was included as a tenet of the Islamic law. The concept of Diyya convincingly illustrates as to how restorative justice could have an edge over retributive and retaliatory justice.

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