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All Journal ISLAMICA: Jurnal Studi Keislaman Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum
Sulistiyono Sulistiyono
Universitas Diponegoro Semarang
Religion Education Law, Crime, Criminology & Criminal Justice

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Eklektisisme dalam Taqnīn Hukum Keluarga di Dunia Islam Abdul Ghofur; Sulistiyono Sulistiyono
Islamica: Jurnal Studi Keislaman Vol. 8 No. 2 (2014): Maret
Publisher : Postgraduate Studies of Universitas Islam Negeri Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (337.861 KB) | DOI: 10.15642/islamica.2014.8.2.261-291

Abstract

The Qur'ān was revealed with justice and equality for human beings regardless of their sex, race, social class, and ethnicity, as cardinal principles and intrinsic values in Islamic sharī'ah. If this is the case, modern Muslim society with Islamic law is necessarily of equality and justice. However, their family laws which are grounded on assumptions of past centuries and have little bearing on contemporary realities have not reflected gender relations. Inequality that occurs within the context of Muslim family laws is one of the subtle but most pervasive areas of discrimination against women. It has resulted in a different set of dynamics that help create new demands in favor of change of laws. This study explores the reform strategy through legal mobilization in the Muslim family laws around the world. The findings of the study reveal that the substantive and pluralistic legal mobilization is important to Muslims, and the reinterpretation and renewal of laws have been mobilizing debates among both proponents and opponents, framed by orientations to the modernists who advocate reinterpretation of the original sources and the traditionalists who insist on literal adherence to the received doctrinal corpus.
Peran Ulama dalam Legislasi Modern Hukum Islam Abdul Ghofur; Sulistiyono Sulistiyono
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 49, No 2 (2015)
Publisher : Faculty of Sharia and Law - Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.2015.49.2.265-297

Abstract

Fiqh paradigm shift in modern legal system necessitates acceptance of Jurisprudence of the diversity and plurality of the multiperspective such as democracy, human rights, the constitution, guarantee basic rights, and the realities of modern social life. As a product of legislation, modern Islamic law will be loaded with the demands, orientation, interests and voices of various parties to solve the various problems that arise. This paper is going to examine how the role of the scholars of Islamic law in modern legislation. This is related to the change in the legal paradigm of classical Islamic law based on individual ijtihad be based national parliament legislation which necessitates relevance ruling political authorities / parliament as the embodiment of a new meaning ijtihad definitively.
Co-Authors Abdul Ghofur