Adopsi adalah lembaga pengangkatan anak yang sudah dikenal sejak dulu di kalangan bangsa Yunani, Romawi, India dan Arab sebalum Islam. Bagi bangsa barat, adopsi merupakan hal yang sudah dilembagakan dan diperkuat secara legal oleh hukum nasioanl masing-masing negara. Dalam hukum adat masyarakat Indonesia. adopsi dikenal dan diakui, tetapi masih berbeda-beda dalam hal pemberian status hukum terh…
Ibn Qayyim al Jawziyyah is a fiqh expert who is stirctly bound to ulama salaf's method in the strong reference to the nas of al Qur'an and hadith. This can be seen in the principles of making legal conclusion whice are not very different from those of Hambali school; namely the nas of al Qur'an, hadith, ijma', companions fatwa, qiyas, istishab, maslahah mursalah, sadd al dhari'ah and 'urf. Besi…
To make a legal conclusion from nass arguments either from al qur'an or hadits, a mujtahid is required to know and understand the meanings of the nass properly and accurately. The meanings of nass arguments, however, are frequently obscure, hence termed as mushtarac, mujmal, mushkil and khafiy. Such kinds of nass should be clarified, and that can be done only through ijtihad, although the autho…
Mahmud Shaltut as an expert in the Islamic law who lived in the 20 th century gave a significant contribution to the development of the Islamic law. His courage to give priority to al ra'y as the saurce of the Islamic law and put al sunnah in the secondary place when it was in contradictory to the reality of the era was a fearless action and contradicted to the though paradigm of the salaf ulem…
Ibn al Qayyim as an Islam reformer who has influenced the modern reformers has a specific opinion about hadith. He views hadith as the most important source of the Islamic law after the Qur'an. Hadith is the main explanation of the Qur'an. His good aspect in using hadith is that he selects the hadith carefully and proportionally before using them as the basis and reason [hujjah] in solving prob…
Ibn Qayyim al Jawziyah is a fiqh expect who is strictly bound to ulama salaf's method in the strong reference to the nas of al Qur'an and Hadith. This can be seen in the principles of making legal conclusion which are not very different from those of Hambali school; namely the nas of al Qur'an, Hadith, Ijma', companions fatwa, qiyas, istishab, maslahah mumalah, sadd al dhari'ah, and 'urf. Ibn Q…
Marriage [al nikah] in Islam has been defined simply as a contract that guarantees the legality of lady's private part [al farj]. A definition such as this, often tends to create problems of gender bias, for example women are considered to be ans are positioned just as satisfiers of male's lust. In fact, the implication of the definition is the emergence of nation that dowries [al mahr] given t…
Al Ghazzali's discussion of causality is not absolutely new in Islamic thought. There had been such discourses that prevailed among Muslim intellectuals before him. In order to appreciate better the significant of al Ghazzali's concept, however, we shall trace back that discourse in Islamic intelectual tradition. For this purpose, it is imperative that we trace first the origin of this nation i…
The emerge of law No.18 year 2003 on advocate gives chance to the study program Akhwalusy Syakhsiyah to correct the curriculum written in the education guide book of STAIN Jember 2001. The law constitutes challegest and simultaneously marker opportunity for the graduates of Akhwalus Syahsiyah to be advocates. This was never imagined before, in responding the opportunity, the Akhwalus Syahsiyah …
Pengaruh pemikiran al Ghazali di kalangan muslim Indonesia, khususnya di kalangan masyarakat muslim terpelajar; dari pesantren hingga perguruan tinggi agama. Dengan mengamati puluhan karya al Ghazali yang diajarkan di pesantren-pesantren di Indonesia dan besarnya minat mahasiswa muslim untuk mengkaji pemikiran al Ghazali, mengisyaratkan bahwa dalam hal penyelesaian problem keagamaan umat islam …