Al-Ahkam Pub Date : 2023-10-31 DOI: 10.21580/ahkam.2023.33.2.17527

Abid Rohmanu, Khusniati Rofiah

{"title":"Ṭāhā ‘Abd al-Raḥmān’s Philosophical Contribution to Theorize Ethical Maqāṣid","authors":"Abid Rohmanu, Khusniati Rofiah","doi":"10.21580/ahkam.2023.33.2.17527","DOIUrl":"https://doi.org/10.21580/ahkam.2023.33.2.17527","url":null,"abstract":"The ethical values of maqāṣid have been buried by the ḥarfiyyah-linguistic approach (ta’līlī-bayānī). The ethical paradigm of maqāṣid must be constructed to balance the ta’līlī-bayānī approach. This paper examines the philosophy of Ṭāhā ‘Abd al-Raḥmān in theorizing ethical maqāṣid. This paper focuses on two aspects. First, how does ‘Abd al-Raḥmān theorize the ethical maqāṣid? Second, how does ‘Abd al-Raḥmān conceptualize the relationship between Islamic law and ethics? This article is a literary research referring to some important books of ‘Abd al-Raḥmān. Using a moral philosophy approach, the writer concludes: first, ‘Abd al-Raḥmān’s ethical theorization of maqāṣid is a synthesis between ethics and uṣūl al-fiqh. This synthesis outlines the new pillars of maqāṣid. ‘Abd al-Raḥmān theoretically shifted legal reasoning from al-ta’līl al-sababī (attribute causality) to al-ta’līl al-ghā'i (maṣlaḥah causality). According to him, the only rationalization of Islamic law is maṣlaḥah, that is khuluq (ethics). Based on that premise, ‘Abd al-Raḥmān asserts that moderation is the accommodation of legal and ethical aspects of Islamic law. This paper recommends the importance of a moral philosophy approach to Islamic law. This approach is an effort to ground the maqāṣid in many legal cases loaded with morality.","PeriodicalId":478382,"journal":{"name":"Al-Ahkam","volume":"97 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135979237","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

Wage-based Dowry Legal Paradigm: Perspectives of Muslim Generation Z in Surabaya 以工资为基础的嫁妆法律范式:泗水穆斯林Z世代的视角

Al-Ahkam Pub Date : 2023-10-31 DOI: 10.21580/ahkam.2023.33.2.17591

Mukhammad Nur Hadi, Indy Mafiiqo Syatta, Eka Safitri, Fahruddin Ali Sabri, Ahmad Masum

{"title":"Wage-based Dowry Legal Paradigm: Perspectives of Muslim Generation Z in Surabaya","authors":"Mukhammad Nur Hadi, Indy Mafiiqo Syatta, Eka Safitri, Fahruddin Ali Sabri, Ahmad Masum","doi":"10.21580/ahkam.2023.33.2.17591","DOIUrl":"https://doi.org/10.21580/ahkam.2023.33.2.17591","url":null,"abstract":"This paper traces the perception of Generation Z Muslims in Surabaya about marriage dowry. Data was obtained from questionnaires distributed to them, and finally received 174 respondents. Two things that were tracked were their perception of the Regional Minimum Wage-based dowry quality and quantity standards and their legal paradigm towards the idea of wage-based dowry. This study shows two important things. First, most of them disagree with wage-based dowry in the context of quantity. On the other hand, in the context of quality, they agree that dowry should be of productive value. At this point, they display a unique position because productivity is interpreted dually, wage-based standards and not. Second, they respond to this issue using four paradigms: sociological, normative, anthropological, and juridical. Sociological and juridical paradigms create the value of reciprocal protection, male and female. The normative paradigm establishes the importance of patriarchal protection. While the anthropological paradigm is more binding on the preservation of tradition. Here, it can be seen that the paradigm influence of protection on women in the context of wage-based dowry standards is quite strong, although sometimes women are trapped in a patriarchal paradigm.","PeriodicalId":478382,"journal":{"name":"Al-Ahkam","volume":"251 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135979234","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

Guardianship Supervisory in Indonesia: A Comparative Analyzes of Baitul Mal Aceh and the Heirloom Board 印度尼西亚的监护监督:拜图尔·马尔·亚齐与传家宝委员会的比较分析

Al-Ahkam Pub Date : 2023-10-31 DOI: 10.21580/ahkam.2023.33.2.17080

Fatya Pramesta Cahyani, Muhammad Ya'kub Aiyub Kadir

{"title":"Guardianship Supervisory in Indonesia: A Comparative Analyzes of Baitul Mal Aceh and the Heirloom Board","authors":"Fatya Pramesta Cahyani, Muhammad Ya'kub Aiyub Kadir","doi":"10.21580/ahkam.2023.33.2.17080","DOIUrl":"https://doi.org/10.21580/ahkam.2023.33.2.17080","url":null,"abstract":"Guardianship supervisory has been a dilemma in the Indonesian legal system. The article assesses the practice of guardianship supervisory in Indonesia by comparing two prominent institutions, Baitul Mal Aceh (BMA) and the Heirloom Board (Balai Harta Peninggalan or BHP). The article focuses on understanding these organizations’ roles and responsibilities in preserving and managing guardianship supervisory. The article uses normative juridicial method to examine how Baitul Mal Aceh and BHP become guardian supervisors and their differences and similarities by reading norms, laws, journals, and the like. The article found that Baitul Mal Aceh has been unable to carry out its duties because of a lack of operational regulation (i.e., Governor’s Regulation) of Qanun Baitul Mal, while BHP only focuses on non-Muslim related issues. These two institutions work independently and cannot support each other. Dualism and lack of implementing regulations in guardianship institutions in Indonesia have posed a dilemma for ensuring proper guardianship over the personal and property of children who are not yet mature or not married under court decisions. The article sheds light on the limitations and complexity of guardianship and its surrounding issues in both institutions.","PeriodicalId":478382,"journal":{"name":"Al-Ahkam","volume":"99 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135979235","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

Digitalization of Islamic Finance: Epistemological Study of the National Sharia Board-Indonesian Council of Ulama’s Fatwa 伊斯兰金融的数字化:国家伊斯兰教法委员会-印尼乌拉玛法特瓦委员会的认识论研究

Al-Ahkam Pub Date : 2023-10-31 DOI: 10.21580/ahkam.2023.33.2.17324

Tri Hidayati, Muhammad Syarif Hidayatullah, Parman Komarudin, Atika Atika

{"title":"Digitalization of Islamic Finance: Epistemological Study of the National Sharia Board-Indonesian Council of Ulama’s Fatwa","authors":"Tri Hidayati, Muhammad Syarif Hidayatullah, Parman Komarudin, Atika Atika","doi":"10.21580/ahkam.2023.33.2.17324","DOIUrl":"https://doi.org/10.21580/ahkam.2023.33.2.17324","url":null,"abstract":"The dynamic and rapid development of digital business and finance requires progressive Sharia legal certainty. National Sharia Board-Indonesian Council of Ulama (Dewan Syariah Nasional – Majelis Ulama Indonesia/DSN-MUI) has issued several fatwas related to digital finance. This research aims to examine the portrait of DSN-MUI’s progressiveness towards the digital finance paradigm and aspects of Islamic legal epistemology in the DSN-MUI Fatwa with the theme of digital finance. This research uses a qualitative approach. The primary data for this research are the DSN-MUI fatwas up to 2021 with a digital theme, plus secondary data in the form of relevant literature. Data analysis uses content analysis techniques. The findings are that there are three DSN-MUI fatwas regarding digital finance in Sharia financial institutions, namely Fatwa No. 116/DSN-MUI/IX/2017, No. 117/DSN-MUI/II/2018, and No. 140/DSN-MUI/VIII/2021. These three fatwas constitute progressive Islamic business law and are important for the Sharia financial industry in Indonesia. DSN-MUI used the ta’līlī and istiṣlāḥi methods with the consideration that electronic money, digital-based financing, and crowdfunding are permissible (mubah) based on sharia principles to achieve benefit. These three DSN-MUI fatwas need to be transformed into OJK regulations and can become a source for making derivative fatwas.","PeriodicalId":478382,"journal":{"name":"Al-Ahkam","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135979392","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

Fiqh of Civilization in Building a Legal State: The Relevance of Muhammad Arkoun's Thought 建设法治国家的文明之菲格:穆罕默德·阿库恩思想的意义

Al-Ahkam Pub Date : 2023-10-31 DOI: 10.21580/ahkam.2023.33.2.16643

Mukhlis Latif, Muhammad Mutawalli

{"title":"Fiqh of Civilization in Building a Legal State: The Relevance of Muhammad Arkoun's Thought","authors":"Mukhlis Latif, Muhammad Mutawalli","doi":"10.21580/ahkam.2023.33.2.16643","DOIUrl":"https://doi.org/10.21580/ahkam.2023.33.2.16643","url":null,"abstract":"Arkoun's political concept is very relevant to the expected idea of civilizational fiqh to resolve social problems nationally and internationally. The purpose of this article is to discuss the fiqh of civilization as an element of the rule of law which is connected with the political thought of state administration Muhammad Arkoun which is based on Islamic values in a legal state. Fiqh of civilization is a major breakthrough in building a legal state in analyzing current problems in the country and the world. This research uses the method qualitative with a conceptual approach by applying and studying thinking Muhammad Arkoun about the political concept of state administration based on values Islam through his works. This research contains the concept of political state; Muhammad Arkoun emphasized the importance of broadening the view of sources of Islamic law and contextual interpretation of Islamic law. Arkoun emphasized that state politics in Islam is more focused on the unity of the people, including religion and state. This aspect is currently being developed through fiqh concepts of civilization. Arkoun's critical thinking can help face the challenges of modernization and globalization in the Islamic world, which are reviewed in building a legal state according to the concept of Islamic statecraft.","PeriodicalId":478382,"journal":{"name":"Al-Ahkam","volume":"98 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135979236","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

Uṣūl al-Fiqh Literacy for the Local Community: A Study on Shaykh Mukhtar Ambai’s Manuscript Uṣūl地方社区的al-Fiqh扫盲:谢赫·穆赫塔尔·阿姆拜手稿研究

Al-Ahkam Pub Date : 2023-10-31 DOI: 10.21580/ahkam.2023.33.2.17045

Repelita Repelita, Nuzul Iskandar, Mursal Mursal

{"title":"Uṣūl al-Fiqh Literacy for the Local Community: A Study on Shaykh Mukhtar Ambai’s Manuscript","authors":"Repelita Repelita, Nuzul Iskandar, Mursal Mursal","doi":"10.21580/ahkam.2023.33.2.17045","DOIUrl":"https://doi.org/10.21580/ahkam.2023.33.2.17045","url":null,"abstract":"Ancient manuscripts with uṣūl al-fiqh themes remain rare amidst the increasing efforts to inventory, categorize, and digitize old manuscripts in present-day Indonesia. Nevertheless, literacy initiatives related to uṣūl al-fiqh can still be identified within manuscripts exploring different subjects. This study aims to elucidate how a non-uṣūl al-fiqh-themed manuscript can encompass uṣūl al-fiqh insights intended for a local community. Employing a documentary approach, it relies on primary data from Risālah Marḍiyah by Shaykh Mukhtar Ambai Kerinci. Subsequently, content analysis utilizing a qualitative model captures messages, meanings, linguistic styles, and symbolic interactions. The study reveals that uṣūl al-fiqh’s topics in the manuscript are conveyed using five methods: illustration and exemplification, the statement-argument-example pattern, comparison, argumentative conjunction, if-then pattern, and citation models. The argument posits that scholarly uṣūl al-fiqh literacy efforts in the past need not be solely assessed by the quantity of ancient uṣūl al-fiqh-themed manuscripts; instead, they can be discerned in other manuscripts employing more operationally creative, contextual, and easily comprehensible delivery methods, serving a broader audience.","PeriodicalId":478382,"journal":{"name":"Al-Ahkam","volume":"33 7","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135979238","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

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