scholarly journals Sharī’ah in the Public Sphere: The Discourse and Practices of Islamic Law and Inter-Religious Tolerance and Harmony

2020 ◽  
Vol 1 (2) ◽  
Author(s):  
M. IKHWAN
Keyword(s):  
Public Sphere ◽  
Best Practice ◽  
Islamic Law ◽  
Phenomenological Approach ◽  
Religious Tolerance ◽  
Mutual Cooperation ◽  
The Public ◽  
The Public Sphere ◽  
Practical Level

This article discusses the application of shari’ah in the public sphere. Mainly, it evaluates arguments and practices of Islamic law regarding tolerance and harmony among interreligious communities. It has been claimed as important due to it seems no scholarly works which significantly reconstruct inspirational ideas and practices of Islamic law in terms of emphasising tolerance and harmony between Muslims and believers of other religions. Applying phenomenological approach, it examines ideas and behaviour of interfaith leaders in Malang, East Java, Indonesia. The leaders have been members of the Forum for Religious Harmony (FKUB). It arguably asserts that the interfaith leaders have played significant roles in maintaining religious harmony in the region. They have participatorily anticipated and resolved religious-based conflicts. For them, the participation is essential in order to maintain interreligious harmony born out of dialogue, acquaintance and mutual cooperation. In the practical level of mu'āmalah, they have tended to be tolerant and pluralist. Thus, their roles might be considered as a best practice for various peacebuilding efforts in Indonesia and other countries.

scholarly journals Adopting an Attitude of Wisdom in Organizational Rhetorical Theory and Practice: Contemplating the Ideal and the Real

2011 ◽  
Vol 25 (3) ◽  
pp. 560-568 ◽  
Author(s):  
Rebecca J. Meisenbach ◽  
Sarah Bonewits Feldner
Keyword(s):  
Public Sphere ◽  
Rhetorical Theory ◽  
Theory And Practice ◽  
Theoretical Level ◽  
Organizational Rhetoric ◽  
Research And Practice ◽  
The Public ◽  
The Public Sphere ◽  
Practical Level ◽  
The Ideal

Research and practice in external rhetoric often fall short of ideals both in terms of widespread use of a rhetorical perspective and in achieving dialogic conditions in the public sphere. In this response, the authors consider potential explanations for this shortfall, focusing on challenges that exist on a theoretical level within organizational rhetoric scholarship and on a practical level as individuals and organizations interact.

scholarly journals Kepemimpinan Perempuan Dalam Perspektif Hukum Islam

2021 ◽  
Vol 4 (1) ◽  
pp. 42-49
Author(s):  
Fahmi Ibnu Khoer ◽  
Syarifah Gustiawati ◽  
Yono Yono
Keyword(s):  
Public Sphere ◽  
Islamic Law ◽  
Women's Leadership ◽  
The Public ◽  
Difference Of Opinion ◽  
Qualitative Descriptive ◽  
The Public Sphere ◽  
The Times ◽  
Descriptive Method

This study examines women's leadership in the perspective of Islamic law by analyzing the views of M. Quraish Shihab. In more detail, it discusses the permissibility of women to lead in the view of Islam. This study aims to analyze how Quraish Shihab views women and women's leadership. This study uses a qualitative descriptive method, which describes the views of Quraish Shihab in the perspective of Islamic law. The results of this study are, Quraish Shihab has his own view about women. According to him, women have the same rights as men, including in terms of leadership, but in the perspective of classical scholars it is forbidden for women to be leaders in any case, while according to Quraish Shihab, who refers to the thoughts of moderate scholars, has a view of the permissibility of women's leadership in the public sphere on condition that does not leave her main obligation to serve her husband and to care for and educate her children. This difference of opinion occurs because the situation and conditions of the times are different, so that it affects the interpretation of the scholars in the context of the Qur'an. While Islamic law is universal, it can apply at any time according to the current conditions and culture, through the thoughts of scholars who are experts in Islamic law.

scholarly journals Mengurai Batasan Aurat Wanita dalam Keluarga Perspektif Hukum Islam

2020 ◽  
Vol 11 (2) ◽  
pp. 366
Author(s):  
Ipandang Ipandang
Keyword(s):  
Public Sphere ◽  
Islamic Law ◽  
Muslim Women ◽  
Men And Women ◽  
The Public ◽  
The Family ◽  
Muslim Men ◽  
The Public Sphere

This paper aims to parse the boundaries of women's genitals in the family from Islamic law, but what is used as a framework for this analysis is M. Quraish Shihab's thoughts. In the Islamic Shari'at, it is obligatory for Muslim men and women to wear clothes that cover their genitals and are polite. The scholars agreed on the obligation to cover the genitals, however, it is different about the limits of the genitals of Muslim women. At this time, male lust arises regardless of clothes, it could be that Muslim women who wear syar'i clothes can be targeted. If Muslim women have closed their genitals, men have to lower their gaze. This paper is devoted to discussing the limits of aurat Muslim women in the family and the public as well as discussions regarding it. From the analysis that has been carried out, Muslim women in the family do not need a veil or veil with a non-mahram, it is only specific to Ummul Mu'minin. Whereas in the public sphere it is recommended to wear the headscarf for philosophical, security, and economic reasons. From the Quraish, there are three limitations to the hijab, namely, philosophical, security, and economic and that is following maqashid shari'ah.

scholarly journals Human Rights Concept in Islamic Legal Thought

2017 ◽  
Vol 15 (2) ◽  
pp. 167
Author(s):  
Dede Husni Mubarok ◽  
Alief Akbar Musaddad
Keyword(s):  
Human Rights ◽  
Public Sphere ◽  
Gender Equality ◽  
Islamic Law ◽  
Political Process ◽  
The Political ◽  
New Order ◽  
The Public ◽  
Legal Thought ◽  
The Public Sphere

When the New Order regime fell, demands or aspirations for the formalization of Islamic law in Indonesia were intensively voiced by a group of Muslims, both through the political process and in interactions in the public sphere. However, other secular and Muslim groups are worried about the formalization of Islamic law because many provisions in sharia are considered inconsistent with the pillars of democracy and human rights, such as freedom, gender equality, equality of citizenship, and tolerance. The two seemingly contradictory poles are interesting to study through etymological and terminological approaches to the terms of the Shari’ah in the correlational interpretations of the Qur’an and Sunnah texts and the dynamics of their historical meanings so that it will give birth to the image of Islamic Shari’ah which is friendly, full of peace, and respect for human rights. Therefore, Islamic law, which is flexible, elastic, tolerant, and inclusive, can substantially be applied in the midst of multicultural, multi-religious, and multi-ethnic social realities in the context of upholding democracy and respecting human rights.

scholarly journals Makna Teks Ujaran Kebencian Pada Media Sosial

2020 ◽  
Vol 12 (1) ◽  
pp. 1
Author(s):  
Dita Kusumasari ◽  
S. Arifianto
Keyword(s):  
Social Media ◽  
Public Sphere ◽  
Information Exchange ◽  
Hate Speech ◽  
Phenomenological Approach ◽  
Comparison Theory ◽  
The Public ◽  
Political Views ◽  
The Public Sphere ◽  
Political Economic

 Public sphere in social media, which should be used for information exchange, science, also democratic and independent values, currently are partially replaced by certain political economic matters. The public sphere has shifted into media of spreading hate speech. For that reason, this study aims to explain the meaning of the use of public sphere for presence of hate speech texts which are constructed to attack others with differing ideological and political views; also describes factors that affect the use of hate speech. This study applies phenomenological approach to the text of speech hate on social media and its critical impact in Indonesia. Data collection is done through observation, comparison theory, and literature studies. By referring the concept of Habermas (1989) related public sphere, supported by expert statements and qualitative data; conclusions of this article show that public sphere in social media is no longer functioning as a communication media, where thought and knowledge are exchanged for values in a dialogical, independent and democratic way. Its existence has partially replaced by capitalist economic forces and pragmatic politics in order to achieve certain goals instantly, at the expense of its values and social cultural ethics. Ruang publik pada media sosial, yang seharusnya berfungsi sebagai tempat pertukaran gagasan dan ilmu pengetahuan dengan nilai-nilai secara demokratis dan independen, sebagian kini telah tergantikan oleh kekuatan ekonomi politik tertentu. Fungsi ruang publik tersebut kini telah bergeser sebagai arena penyebaran teks ujaran kebencian, yang menyebabkan audiens mengalami kesulitan dalam membedakan informasi yang akurat dengan teks yang berupa berita palsu, termasuk ujaran kebencian. Oleh karena itu, studi ini bertujuan untuk menganalisis makna teks ujaran kebencian yang beredar melalui saluran media sosial. Artikel ini menjabarkan penggunaan ruang publik atas hadirnya teks ujaran kebencian yang dikonstruksi untuk menyerang pihak lain dengan pandangan ideologi dan politik yang berbeda; serta menjelaskan faktor yang berpengaruh terhadap penggunaan teks ujaran kebencian. Penelitian ini menerapkan pendekatan fenomenologi terhadap teks ujaran kebencian pada media sosial dan dampak kritisnya di Indonesia. Pengumpulan data dilakukan melalui observasi, perbandingan teori, dan studi literatur. Dengan penjabaran yang mengacu pada konsep Habermas (1989) tentang ruang publik, didukung data kualitatif dan argumen lainnya, simpulan dalam artikel ini menunjukkan bahwa ruang publik pada media sosial bukan lagi hanya berfungsi sebagai arena berkomunikasi, tempat pemikiran dan pengetahuan dipertukarkan nilai nilai secara dialogis, independen dan demokratis. Keberadaannya sebagian telah tergeser oleh kekuatan ekonomi kapitalis dan politik pragmatis untuk mencapai tujuan tertentu yang bersifat instan, dengan mengorbankan nilai dan estetika sosial budayanya.

scholarly journals Pesantren and the Freedom of Thinking: Study of Ma‘had Aly Pesantren Sukorejo Situbondo, East Java, Indonesia

2009 ◽  
Vol 47 (2) ◽  
pp. 295-316
Author(s):  
Hatim Gazali ◽  
Abd. Malik
Keyword(s):  
Public Sphere ◽  
Islamic Law ◽  
Education Institution ◽  
High Tolerance ◽  
Interfaith Marriage ◽  
The Public ◽  
Islamic Jurisprudence ◽  
Islamic Science ◽  
The Public Sphere

Various studies on Pesantren have been conducted through various lenses and perspectives; however, its attractiveness is still there. In some points, the pesantren is well known as a conservative institution in which freedom of thinking is limited. This article is willing to show that not all pesantrens limit their students' freedom of thinking. One of them is Ma'had Aly (higher education), one of the education institution in Pesantren Salafiyah Syafi'iyah Sukorejo Situbondo which focuses its teaching on fiqh. Fiqh, or Islamic jurisprudence, is one of the branches of Islamic science. In some pesantrens, the teaching of fiqh is limited to one school or madhhab, particularly school of Shafi'i. However, in Ma'had Aly, not only one school of thought is taught, but fiqh of four schools of thought. It shows a high tolerance and respect for differences. In order to seek a new ingredient in formulating Islamic law, the teaching of fiqh is combined with other sciences such as philosophy, sociology, and anthropology. This new ingredient produces a rich discourse of fiqh and widens its scope of discussion to include to religious relationships, gender, human rights, ecology, and other contemporary issues such as interfaith marriage, the possibility of a non-Muslim being president, and the role of women in the public sphere. Looking from the curriculum, the method of teaching, and the publication of bulletin of Tanwirul Afkar, this article proves that freedom of thinking is well-maintained at Ma'had Aly.

Hakim Perempuan Dalam Perspektif Hukum Islam Dan Hukum Positif Indonesia

AKADEMIKA ◽  
2017 ◽  
Vol 11 (1) ◽  
pp. 21-32
Author(s):  
Muhammad Aziz
Keyword(s):  
Public Sphere ◽  
Social Problems ◽  
Islamic Law ◽  
Judicial Power ◽  
The Public ◽  
Positive Law ◽  
Points Of View ◽  
The Public Sphere ◽  
Religious Courts ◽  
Muslim Scholars

The judicial institution in a country is very strategic and decisive one for being used to resolve all public disputes and punish those who violate the law in accordance with the emering rules. This judicial institution is needed in an effort to answer and solve all social problems along with the development and the dynamics in the community. A judge is an authority aimed at resolving the various conflicts and creating justice for the community, and judges are leading actors in solving the problems. Therefore judges in acting and taking decisions must be based on so-called ijtihad. The phenomenon of women's involvement as judges in administering judicial power in the Religious Courts has undergone several phases of change. This condition is strongly influenced by the striking discrepancy of fiqh viewpoints about the religious (syar'i) legality  in looking at women in the public sphere, especially in the judiciary. One of the reasons of Muslim scholars in questioning the female judges is due to their duties and responsibilities. On this stand, the Muslim scholars, thingkers and mujtahid have their own points of view that are different from one another. This refusal does not mean ignoring the judicial institution, but rather they consider it fardhu kifayah. Therefore, what is to be revealed in this study is the Islamic law and Indonesian positive law perspectives about female judges. This study concludes that the study of female judges in the perspectives of Islamic law is polarized on several permitting and prohibiting poles and the ones permitting women to serve as judges are only in their involvement in civil cases not in criminal ones. While based on the perspective of Indonesian positive law the female judges are a must in the legal treasures in Indonesia

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