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INDONESIA
AT-TURAS: Jurnal Studi Keislaman
ISSN : 2355567X     EISSN : 24601063     DOI : -
Two decades or more, in the global scheme, Islamic studies have been enforced to take broader paradigms from dogmatic-theology to popular-religious. Islamic studies is not merely discussing on sacred corpus only, but everyday life of Islam also. In academic space, this field has increasingly been an intersection -if not a contestation- across disciplines, such as political science, anthropology, sociology, history, economics, media, and cultural studies.
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Articles 7 Documents
Search results for , issue "Vol 2, No 1 (2015): Hukum Islam dan Isu Gender" : 7 Documents clear
KONTROVERSI MASHLAHAH PERSPEKTIF NAJM AL-DIN AL-THUFI AL-HANBALI Siroj, A. Malthuf
JURNAL AT-TURAS Vol 2, No 1 (2015): Hukum Islam dan Isu Gender
Publisher : JURNAL AT-TURAS

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Abstract

Najm al-Din al-Thufi al-Hanbali is a smart, intelligent, productive and brave Islamic Scholars. He was considered as controversial person among his colleagues, because of his views on mashlahah are different from the other scholars of Usul -Fiqh in general. He said that the most important sources of Islamic law are the texts (Al-Quran and Al-Sunnah). It is no problem if both are relevant with mashlahah. However, if they contradict the mashlahah, the solutions that can be taken is prioritizing mashlahah of texts by specification(takhsis), not eliminating texts . At this point Thufi’s thought is considered as controversy. This article will attempt to examine this controversy using argumentative and philosophical approach to be able to point it objectively not tendentiously.
URGENSI TEORI MAQASHID AL-SYARI’AH DALAM PENETAPAN HUKUM ISLAM DENGAN PENDEKATAN MASHLAHAH MURSALAH Yakin, Ainul
JURNAL AT-TURAS Vol 2, No 1 (2015): Hukum Islam dan Isu Gender
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Abstract

Along with the change and development of society that is rapidly increasing, the legal issues are more increasingly complex. While some legal problems that developed in the community are not all explicitly mentioned either in the Quran, hadith and ijma‘. While the Islam as a religion must always be responsive and present to provide a solution to the legal developing problems. Mashlahah mursalah as one method of extracting law-although still disputed or suited to address legal issues that developed nowdays. However, in order to use mashlaah mursalah to explore and establish a law is not stuck to the things that are subjective and interests of lust, the use of such methods necessary prudence and understanding maqasidsyariah intact and use of mashlahahmursalah in strict compliance with the criteria set by scholar’s ushul order to reach and find the laws that really fit with the message maker law (syariah).
ANALISIS JENDER ATAS KITAB UQUD AL-LUJJAYN KARYA SYEIKH NAWAWI AL-BANTANI Arifin, Miftahol
JURNAL AT-TURAS Vol 2, No 1 (2015): Hukum Islam dan Isu Gender
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Abstract

The book of Uqud al-Lujjayn, fi Bayan Huquq al-Zawjayn is a small book that is compiled and written by Shaykh Muhammad Nawawi Ibn Umar (1813-1897 M / 1230-1314 H), the ulama form Banten. This book has a great influence in the pesantren community, and even be used as the main reference in the relationship between husband and wife. Consequently, this book spawned a fundamental problems in the relationship between husband and wife. The main problems were discussed by Uqud al-Lujjayn often encountered very opposite with the ethical and moral values are highly respected by Islam itself. Might be a way of interpretation and background of the social system at the time this book in stacking is not in accordance with what is actually desired by the order of the Islamic doctrines.From the various views, either on the interpretation of verses of the Holy Qur’an and hadith at the book of Uqud al-Lujjayn, also with heavy use dha’if of hadith, hadith that indefinite it source or uncertain it sanad and rawi, which concluded with maudlhu hadith, so the book of Uqud al-Lujjayn is not suitable for consumption by the Muslims because it contradicts with the essence of the Islamic doctrine are considered equal between men with women. Islam does not distinguish between the sexes but that differentiate between one and another is only the piety to Allah swt. Islam also emphasizes the benefit of the people in his doctrines, so the views of women who underestimated in this book are very opposite with the spirit of Islamic doctrines itself.
BENANG KUSUT FIQH WARIA (ANALISIS KRITIS TERHADAP POLEMIK IDENTITAS WARIA DALAM ISLAM) Muiz, Abdul
JURNAL AT-TURAS Vol 2, No 1 (2015): Hukum Islam dan Isu Gender
Publisher : JURNAL AT-TURAS

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Abstract

The main problem the most of religionist until now are still looking the transgender as opponents of the providence of God. They are considered as opponent of destiny because God only created male and female, not transgender. For this reason, transgender is not recognized by religion (God) and must be removed or sequestered. There are several fatwas about the prohibition of transgender in religion. Similarly, the Islamic jurisprudence, transgender in islamic jurisprudence (fiqh) is still not much be touched by ulama. The laws of the transgender that exist today generally do not smoop down on the transgender existence actually. Islam has identified that there are a men who have no sexual desire for women that called ghair ulil irbah min al-rijal. In a hadith someone like that are called mukhannats. About this mukhannats, Ibn Hajar divides the two; min ashlil khilqah (created by God) and bil qashdi (deliberate by human). Moreover Ibn Hajar said that Islam merely forbids the mukhannats who deliberately do it. While those who did indeed original creation only directed to trying to change his personality. Similarly with Ibn Hajar, al-Nawawi also divides the mukhannats into two part; min khalqin (given) and bitakallufin (constucted).
PERNIKAHAN BEDA AGAMA DALAM PERSPEKTIF AL-QUR’AN DAN SUNNAH SERTA PROBLEMATIKANYA Husni, Zainul Mu?ien
JURNAL AT-TURAS Vol 2, No 1 (2015): Hukum Islam dan Isu Gender
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (278.499 KB) | DOI: 10.33650/at-turas.v2i1.169

Abstract

Social phenomena which proves many couples have got interfaith marriage in Indonesia and other countries. In this case, interfaith marriage is a marriage of a man of Muslim with non-Muslim women or otherwise, marriage the women of Muslim with male non-Muslim. Therefore, it is necessary for a comprehensive explanation about the law of interfaith marriage. Interfaith marriage in al-Quran and Sunnah can be classified into three, first, the marriage of men of Muslim with the polytheists (musyrikah) women, within the merriage of male of Muslim with polytheists women are disagreement about the law, Ibn Jarir al-Tabari permit the marriage of this category on condition that the polytheistic woman came from the non-Arabs nation?s which have a holy book or the bible, should be married by men of Muslim. Second, the marriage of men of Muslim with women Ahl al-Kitab (kitabiyyah). In this case the majority of ulama get argue that married to of kitabiyah women (Jewish and Christian faiths, either dhimmi or harbi) is permissible. And, third, the marriage of women of Muslim with a male of non-Muslim, whether the merriage to polytheistic or Ahl al-Kitab (kitabi) which in this case is based on the consensus among ulama of islamic jurisprudence (fiqh) that marriage with this category is haraam, whether the male non-Muslim kitabi classified or not.
MONEY POLITIC DALAM PEMILU PERSPEKTIF HUKUM ISLAM (Studi Analisis Keputusan Lembaga Bahtsul Masail Nahdlatul Ulama) Umar, Mashudi
JURNAL AT-TURAS Vol 2, No 1 (2015): Hukum Islam dan Isu Gender
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (418.103 KB) | DOI: 10.33650/at-turas.v2i1.170

Abstract

In the Indonetion this several years of last in every election of directly many store problem that is money politic. Even, politic often interpreted about interest for power, while money as one of the power based of material. Therefore, money politic is manifestation from someone orientation or commonal in reach aim politic with make money as intermediaries. Practice money politic constitute action that opposite with Constitution momber 10 2008 years about election. For example; implementer, participant and officer of campaign banned promise or provide money or material other to campaigners. That?s why in this articel discussed how exactly money politic in islamic law, especially in view of Nahdlatul Ulama.
URGENSI HUKUM EKONOMI ISLAM DALAM PEMBANGUNAN EKONOMI NASIONAL DI ERA PASAR BEBAS Mushafi, Mushafi
JURNAL AT-TURAS Vol 2, No 1 (2015): Hukum Islam dan Isu Gender
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (202.5 KB) | DOI: 10.33650/at-turas.v2i1.171

Abstract

The Islamic law has an important role in the national law system. It becomes breaths and spirits the formulation of national law, then there are also other laws. It is as a manifestation ideals of legal establishment which is not only formed the norms or regulations formally but also expected to be the spirit moral formation of the nation,and equitable social order. Ironically, a little awareness from Government?s implementation of Islamic law in practice the national economic development even though the spirit of Islamic economics is not being opposite to Pancasila. However, there are still many western culture influence economic system in Indonesia. In fact, almost all economists say that the liberal economic system and the global economic system that is initiated by the Western did not help to lift up the national economy and the welfare of Indonesian. Indonesia even further left behind from the western in terms of economic affairs. This is as a result of the economic system that is not based on human values and justice but principally on the strength of capital. Capitalist system built by the global economy resulted in displacement of the small people in the market competition, and it still benefited. Therefore, the legal system of Islamic economics could be an alternative in the midst of a national economic downturn.

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