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Hassan Hanafi and Islamic Legal Theory: 哈桑·哈纳菲与伊斯兰法律理论

Mazahib Pub Date : 2022-01-06 DOI: 10.21093/mj.v20i2.3750

Hijrian A. Prihantoro

引用次数: 0

Fiqh Across Madhhabs: An Alternative to Pesantren Students’ School of Thought Exclusivism in the Post-Truth Era 跨越Madhhabs的Fiqh:后真理时代Pesantren学生思想学派排他主义的替代方案

Mazahib Pub Date : 2021-07-20 DOI: 10.21093/mj.v20i1.3081

Zakiul Fuady Muhammad Daud

{"title":"Fiqh Across Madhhabs: An Alternative to Pesantren Students’ School of Thought Exclusivism in the Post-Truth Era","authors":"Zakiul Fuady Muhammad Daud","doi":"10.21093/mj.v20i1.3081","DOIUrl":"https://doi.org/10.21093/mj.v20i1.3081","url":null,"abstract":"The schools of thought (madhhabs) within fiqh (Islamic jurisprudence) are one of the ijtihad products explored by qualified Muslim jurists by using a particular methodology to produce Islamic laws, which Muslims then follow. The problem with established madhhabs in Islamic law is when a madhhab follower becomes exclusive and does not want to accept the differences of opinion. Islamic boarding schools (Pesantren) are a medium for developing a deep understanding of Islam and, thus, play an important role in reconstructing the learning of inclusive fiqh. This article aims to explain the meaning of the school of Islamic law exclusivism, solutions, and their impact in the post-truth era. It indicates that the school of Islamic law exclusivism is a form of madhhab fanaticism that only teaches and applies certain madhhab to influence the self-justification of their madhhab and considers those who are different from it are wrong. Hence, this article argues that fiqh-across-madhhab learning is the solution since students are taught all schools of Islamic law, the causes of their differences, and the basis for the arguments used by each eponymous madhhab (Imam). As a result, there will be developed an inclusive understanding in accepting the truth and does not make individuals fanatical and radical in religion.","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67826902","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Safeguarding Women’s Constitutional Rights in the Judicial Reviews of Marriage Law on the Minimum Married Age Limit 婚姻法最低结婚年龄审查中妇女宪法权利的保障

Mazahib Pub Date : 2021-07-12 DOI: 10.21093/MJ.V20I1.3307

Hamidin Hamidin, Alfitri Alfitri

{"title":"Safeguarding Women’s Constitutional Rights in the Judicial Reviews of Marriage Law on the Minimum Married Age Limit","authors":"Hamidin Hamidin, Alfitri Alfitri","doi":"10.21093/MJ.V20I1.3307","DOIUrl":"https://doi.org/10.21093/MJ.V20I1.3307","url":null,"abstract":"The Constitutional Court seems inconsistent when examining the same norms but in a different decision related to the constitutionality of the minimum married age limit for women. In the 2014 decision, the Court rejected the petition, while in the 2017 decision, the Court accepted it. This paper analyzes the considerations of constitutional judges in deciding the case to understand whether women’s constitutional rights have been protected in both decisions. Using the case and statutory approach, this article concludes that the 2014 decision rejecting the petition to increase the minimum married age limit for women does not fulfill women’s constitutional rights. Sixteen years old as the minimum age limit for women and nineteen years for men is discriminatory and deprives girls’ rights to health and education. The judges’ consideration in the 2017 decision, which granted the petition, was that determining the minimum married age limit is a legal policy. Still, if the policy contradicts the 1945 Constitution, citizens can challenge its constitutionality. The Marriage Law is a past product, so it needs to be adapted to developments and the 1945 Constitution’s norms. The difference in the Constitutional Court’s decisions on testing the same norms is due to different interpretations and efforts to protect the constitutional rights of citizens.Keywords: Women’s constitutional rights, judicial review, minimum married age limit","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49476740","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Maqasid al-Shari’ah in Islamic Law Renewal: The Impact of New Normal Rules on Islamic Law Practices during the Covid-19 Pandemic 《伊斯兰法律更新中的马卡西德·沙里亚:新常态规则对新冠疫情期间伊斯兰法律实践的影响

Mazahib Pub Date : 2021-07-12 DOI: 10.21093/MJ.V20I1.2957

A. Asman, Tamrin Muchsin

{"title":"Maqasid al-Shari’ah in Islamic Law Renewal: The Impact of New Normal Rules on Islamic Law Practices during the Covid-19 Pandemic","authors":"A. Asman, Tamrin Muchsin","doi":"10.21093/MJ.V20I1.2957","DOIUrl":"https://doi.org/10.21093/MJ.V20I1.2957","url":null,"abstract":"The vast and multidimensional impact of the Covid-19 pandemic has forced all countries to establish policies to prevent the transmission of Covid-19, including Indonesia. Not a few countries are not ready to make decisions to find new, more effective ways to prevent Covid-19. In Islamic law, ijtihad is part of lawmaking in the implementation of worship and muamalah, which solves problems that arise and mitigates policy implementation. This article uses a normative juridical approach to the issue because it can showcase the benefit of Islamic law for humans. Moreover, it aims to generate ideas in the renewal of Islamic law, especially in the implementation of worship and muamalah (social transaction/relation), and inform the government to make decisions that intersect with Islamic law during the Covid-19 pandemic. The focus of this research is how does covid-19 affect the practice of Islamic law in worship and mu`amalah? This study finds that government policies and regulations are currently in line with Islamic law. The most critical considerations in determining the compatibility of government policies and rules with shari’a are maintaining the soul’s safety, maintaining the continuity of religion through rukhshah, and maintaining the economy. Also, the Islamic rulings (fatwa) issued by ulama in response to government policies and rules are expected to guide worship and mu`amalah, build awareness and solidarity of Muslims, and relate to the people’s economy today.Keywords: Maqashid al-Shariah, Islamic law renewal, new normal rules, covid-19","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45978862","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 7

Moderate Islamic Jurisprudence: Study of Muhammadiyah's Decision on Changes in Criteria for Fajr Prayer Time 温和的伊斯兰法理:穆罕默迪亚关于改变礼拜时间标准的决定研究

Mazahib Pub Date : 2021-06-30 DOI: 10.21093/mj.v20i1.3150

Tasnim Rahman Fitra, Ade Silvana

{"title":"Moderate Islamic Jurisprudence: Study of Muhammadiyah's Decision on Changes in Criteria for Fajr Prayer Time","authors":"Tasnim Rahman Fitra, Ade Silvana","doi":"10.21093/mj.v20i1.3150","DOIUrl":"https://doi.org/10.21093/mj.v20i1.3150","url":null,"abstract":"This article aims to look at the new criteria decided by Muhammadiyah regarding the beginning of Fajr prayer time, which was seen through the conception of religious moderation (wasatiyah) in Indonesia. This issue relates to the decision regarding the change in the criteria from -20 degrees to -18 degrees due to an 8-minute difference from the common schedule used in Indonesia. This decision resulted in a long process that started from public unrest, discussed in the 27th National Conference of Muhammadiyah. Still, it could not be realized, then Muhammadiyah conducted a comprehensive fiqh study and appointed 3 main institutions to conduct studies astronomically. After the XXXI National Conference on Tarjih, Muhammadiyah finally decided to change this criterion through the principle of wasaṭiyyah; there is nothing wrong with this ijtihad jama`i carried out by Muhammadiyah, but Muhammadiyah does not appear to be balanced and fair in using the research results of the institutions that have been appointed, besides that Muhammadiyah also does not consider other important research outside Muhammadiyah. In the context of wasaṭiyyah, these different principles need to be resolved. The solution to unification itself must be given to the country’s religious authorities. The government is also required to fix criteria and conceptions to maximize that union effort.","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48604368","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Unfulfilled Guarantees: Impacts of Law and Regulations Concerning Inter-Religious Relations on Religious Freedom in Indonesia 未履行的保障:有关宗教间关系的法律法规对印度尼西亚宗教自由的影响

Mazahib Pub Date : 2021-06-30 DOI: 10.21093/mj.v20i1.3113

Yasin Yasin, Rahman Mantu

引用次数: 0

Applying Hirāba in Islamic Criminal Law to Curb Armed Banditry in the Zamfara State of Nigeria: Opportunities and Challenges 在尼日利亚扎姆法拉州应用伊斯兰刑法Hirāba遏制武装盗匪:机遇与挑战

Mazahib Pub Date : 2021-06-25 DOI: 10.21093/mj.v20i1.2959

Abdulmajeed Hassan Bello

{"title":"Applying Hirāba in Islamic Criminal Law to Curb Armed Banditry in the Zamfara State of Nigeria: Opportunities and Challenges","authors":"Abdulmajeed Hassan Bello","doi":"10.21093/mj.v20i1.2959","DOIUrl":"https://doi.org/10.21093/mj.v20i1.2959","url":null,"abstract":"The paper investigates the armed banditry that engages in the highway robbery attacking villagers and travelers in the Zamfara state of Nigeria. The paper aimed at examines hirāba in Islamic criminal law and the penal code of the state for the possibility of applying the provisions to curb armed banditry in the state. The paper is a Sharia study; thus, the descriptive-analytical method was followed. Opinions of four Sunni schools are relied on in most cases. In addition, academic works of contemporary jurists and thinkers in journals were extensively consulted. The critical studies of jurist’s definitions of hirāba revealed that the crime of hirāba comprises maritime piracy, aircraft hijacking, armed banditry, kidnapping, and any act of destroying society. Zamfara state, which first reintroduced the Islamic criminal system, witnessed maximum security between 2000 and 2009 because there is a political will to enforce Islamic law. Although it is alleged that Sharia was supposed to bring joy but brought bandits to the state, while the study revealed that armed banditry started around 2009, sharia implementation is not responsible for the insecurity. The paper concludes that the practical solution is the enforcement of new Sharia in the region.Keywords: armed robbery, banditry, highway robbery, hirāba.","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43576043","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Back Matters 后台事务

Mazahib Pub Date : 2020-12-30 DOI: 10.21831/reid.v2i1.11988

E. Editorial

引用次数: 0

Front Matters Front Matters

Mazahib Pub Date : 2020-12-30 DOI: 10.21093/mj.v19i2.3167

E. Editorial

引用次数: 0

Women in the Public Sphere and Religious Discourse Interpretation in the Post-Conflict Aceh 公共领域的妇女与冲突后亚齐的宗教话语解读

Mazahib Pub Date : 2020-12-16 DOI: 10.21093/mj.v19i2.2204

Husni Mubarrak, Faisal Yahya

引用次数: 2