{"title":"Removing Dual-Discourse (National and Shari’ah Law) in the Formulation of Region’s Policy in Jember","authors":"M. Muhaimin","doi":"10.28918/jhi.v19i1.4382","DOIUrl":null,"url":null,"abstract":"This article will explore that irrelevant today to say there are differences between Shari’ah Jurisprudences and secular/modern state formulation of law. Yet, Islam as a major religion in Indonesia had dominant roles to construct regulation based on their beliefs in Islamic teaching. Besides that, Moslem society also could respond to the un-universal law if it is compatible with Islamic values through social and political movements. Therefore, this article also will define what Islamic regulation point of view and embedded beliefs of Moslems written inside the regulation. This article will be conducted by qualitative research model and approached by social-phenomenological perspective. In the end, this article concludes that based on maqashid al shari’ah there are not dichotomies of Islamic regulation or modern/secular law in Indonesia, especially in Jember (the object of study) caused the formulation of this regulation was based on Islamic law process and substantive teleological to become Moslem society in Indonesia.","PeriodicalId":31992,"journal":{"name":"Jurnal Hukum Islam","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2021-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Jurnal Hukum Islam","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.28918/jhi.v19i1.4382","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
This article will explore that irrelevant today to say there are differences between Shari’ah Jurisprudences and secular/modern state formulation of law. Yet, Islam as a major religion in Indonesia had dominant roles to construct regulation based on their beliefs in Islamic teaching. Besides that, Moslem society also could respond to the un-universal law if it is compatible with Islamic values through social and political movements. Therefore, this article also will define what Islamic regulation point of view and embedded beliefs of Moslems written inside the regulation. This article will be conducted by qualitative research model and approached by social-phenomenological perspective. In the end, this article concludes that based on maqashid al shari’ah there are not dichotomies of Islamic regulation or modern/secular law in Indonesia, especially in Jember (the object of study) caused the formulation of this regulation was based on Islamic law process and substantive teleological to become Moslem society in Indonesia.
本文将探讨与今天不相关的问题,即shari - ah法理学与世俗/现代国家法律制定之间存在差异。然而,伊斯兰教作为印度尼西亚的主要宗教,在建立基于他们对伊斯兰教教义的信仰的法规方面发挥了主导作用。此外,穆斯林社会也可以通过社会和政治运动来回应非普适性法律,前提是它与伊斯兰价值观相一致。因此,本文也将界定哪些伊斯兰教规观点和嵌入的信仰写入了穆斯林教规内部。本文将采用质性研究模式,并从社会现象学的角度进行探讨。最后,本文的结论是,基于伊斯兰教法(maqashid al sharia),印尼不存在伊斯兰教法或现代/世俗法律的二分法,特别是在Jember(研究对象),导致该法规的制定是基于伊斯兰教法的过程和实质目的论成为印尼的穆斯林社会。