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DINAMIKA PEMIKIRAN FIKIH MAZHAB INDONESIA (Perspektif Sejarah Sosial) Mukri, Moh
Jurnal Analisis Vol 11, No 2 (2011)
Publisher : IAIN RADEN INTAN LAMPUNG

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AbstractSociologically and culturally speaking, Islamic law is the law that flows and deeply stem from cultural roots of community. It presents together with the presence of Islam. In the current days of Indonesia, however, Islamic law is in part an unwritten law, in addition to the trade mark that is still characteristically attached to the Middle East. These are the reasons why a number of Indonesian Muslim scholars then gave rise to the indigenization of Islamic law with a variety of ideas and namings. This paper attempts to depict the journey of the indigenization of fiqh (Islamic law) discource in Indonesia by using analysis of social history. There were some important figures offered constructive and paradigmatic jurisprudence format of Indonesian fiqh. Such important figures that will be analysed in this paper are Hasbi ash-Shiddiqy as the originator of the early Indonesian fiqh, and Hazairin who initiated the Indonesian madzhab or Indonesian Shafiâi plus school projected to include the national inheritance law. Then KH Sahal Mahfuz, the originator of an Indonesian social jurisprudence, and the last Gus Dur (Abdurrahman Wahid KH), who offered the genuine ideas of the indigenization of Islam and contextualization of Islamic jurisprudence.

BUILDING THE NEW GENERATION OF ASHHAB AL-JAWIYYIN IN CONTEMPORARY SOUTH-EAST ASIA Mukri, Moh
JAWI : Journal of Southeast Asia Islamic Contemporary Issues Vol 1, No 1 (2014): BUILDING THE NEW GENERATION OF ASHHAB AL-JAWIYYIN IN CONTEMPORARY SOUTH-EAST AS
Publisher : IAIN Raden Intan Lampung

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In recent years there has been an explosion of interest in the study of Islam worldwide, both within the Muslim community and outside it. Such interest is contributing to significant changes in the way that the study of Islam is both conceptualized and taught in the region. Once dominated by scriptural interpretation and exegesis, for some years there has been a growing trend towards the use of new disciplinary approaches in the understanding of various religion-influenced phenomena in Muslim societies. The field of Islamic Studies now encompasses a wide variety of disciplines, including those of anthropology, sociology, political science, economics, and the more interdisciplinary fields of gender studies and area studies. Outside of Islamic Studies scholars in these disciplines are also turning their attention to the study of issues pertaining to Muslims and Islam. The topics which such scholarship seeks to understand in Muslim societies are also increasingly diverse, and include democracy and political pluralism, secularism, gender, law, human rights, ethics, economic development, the environment, popular culture, consumerism, Islamic finance, even management and organizational theory. (Kamaruzzaman Bustamam-Ahmad, 2011).Recently, the Islamic education in Southeast Asia has become an object of international attention. However, the development of Islamiceducation should primarily be seen as having been determined by the unique historical circumstances of each country. The landscape of Islamic Studies in the various countries represented in this volume is the outcome of long struggles with governments, religious bureaucracies, and different religious schools of thought, protecting varying interests â political and economic, as well as scholarly

DINAMIKA PEMIKIRAN FIKIH MAZHAB INDONESIA (Perspektif Sejarah Sosial) Mukri, Moh
Analisis : Jurnal Studi Keislaman Vol 11, No 2 (2011): Analisis : Jurnal Studi Keislaman
Publisher : IAIN Raden Intan Lampung

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Sociologically Â and culturally Â speaking, Â IslamicÂ law is the law that flows and deeply stem from cultural roots of community.Â It presents together with the presence of Islam. In the current days of Indonesia, however, Islamic law is in part an unwritten Â law, in addition to the trade mark that is still characteristicallyÂ attached to the Middle East. These are the reasons why a number of Indonesian Muslim scholars then gave rise to the indigenization Â of Islamic law with a variety of ideas and namings. This paper attempts to depict the journey of the indigenization Â of fiqh (Islamic law) discourceÂ in IndonesiaÂ by using analysis of social history. There were some important figures offered constructive Â and Â paradigmatic Â jurisprudence Â format Â ofÂ Indonesian fiqh. Such important Â figures that will be analysedÂ in this paper are Hasbi ash-Shiddiqy as the originator of the early Indonesian fiqh, and Hazairin who initiated the Indonesian madzhab or Indonesian Shafiâi plus school projected to include the national inheritance law. Then KH Sahal Mahfuz, the originator of an Indonesian social jurisprudence, and the last Gus Dur (Abdurrahman Wahid KH), who offered the genuine ideas of the indigenizationÂ of Islam and contextualization Â of Islamic jurisprudence.

Poligami: Antara Teks dan Konteks Sosial Mukri, Moh.
al-'adalah Vol 14, No 1 (2017): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

This article discusses the proposition of Syara’ concerning polygamy. The aim is to find out the relationship between literal meaning of the text and the socio-historical context underlying the issuance of the provosion. This study utilizes historical, textual approach to obtain a vivid, comprehensive perspective of the literal and contextual meaning. As it is already known, the proposition of polygamy is Surah an-Nisa’: [4]: 3 plus a number of hadiths relating the issue. According to history, the reasons underlying the revelation of Surah an-Nisa’: [4]: 3, actually, was to reprimand companions who wanted to marry orphans in their guardianship but unwilling to give dowry as much as when they married other women. Thus, the verse was not solely about polygamy or limitation of the number of wives, but it also contained a criticism against contemporary tradition which tended to be arbitrary in releasing lust. Furthermore, polygamy itself is not recommended nor even impulsive in Islam. As the above-mentioned shura implies, Islam prefers monogamy than polygamy, as it imposes difficult condition for those who want to do polygamy

Poligami: Antara Teks dan Konteks Sosial Moh. Mukri
al-'adalah Vol 14, No 1 (2017): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

This article discusses the proposition of Syara’ concerning polygamy. The aim is to find out the relationship between literal meaning of the text and the socio-historical context underlying the issuance of the provosion. This study utilizes historical, textual approach to obtain a vivid, comprehensive perspective of the literal and contextual meaning. As it is already known, the proposition of polygamy is Surah an-Nisa’: [4]: 3 plus a number of hadiths relating the issue. According to history, the reasons underlying the revelation of Surah an-Nisa’: [4]: 3, actually, was to reprimand companions who wanted to marry orphans in their guardianship but unwilling to give dowry as much as when they married other women. Thus, the verse was not solely about polygamy or limitation of the number of wives, but it also contained a criticism against contemporary tradition which tended to be arbitrary in releasing lust. Furthermore, polygamy itself is not recommended nor even impulsive in Islam. As the above-mentioned shura implies, Islam prefers monogamy than polygamy, as it imposes difficult condition for those who want to do polygamy

Criticism Against Feminist's Thinking About Husband's and Wife’s Rights and Obligations Faisal Faisal; Moh. Mukri; Asriani Asriani
al-'adalah Vol 16, No 2 (2019): al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Marriage is a legal place to foster a peaceful, harmonious and loving household (Sakīnah mawaddah wa rahmah). In marriage, the fulfillment of the rights and obligations of husband and wife is the main means for achieving domestic happiness. In the Islamic perspective, the husband is the head of the household and the wife is the housewife. However, in modern times, along with the emergence of feminists, the concept of the rights and obligations of husband/wife are thus re-interpreted and reconstructed on the grounds that many wives are no longer serving as housewives but also help husbands in earning a living. As a result, the aspect of equality is more prioritized than the concept of mu'āsyarah bil ma'rūf (harmonious relationship). This article examines the views of Muslim feminists about the role of husband/wife in a household, while comparing them with concepts that exist in Islamic teachings. In conclusion, the Islamic concept of the rights and obligations of wife and husband, if it is carried out consistently, will actually bring more benefit and permanence in the household than the feminist’s which is only based on the equality argument.

Mustofa Azami’s Criticism of Joseph Schacht’s Thoughts on Hadits Ahmad Isnaeni; Moh. Mukri; Masrukhin Muhsin; Is Susanto
KALAM Vol 15, No 1 (2021)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Joseph Shacht a theory developer of the origin of hadits developed by Goldziher. The study of sanad has become a central topic that has received more attention. Some of the theories developed by Schacht lead to doubts about the authenticity of the hadits sanad. Sanad is only made by people who lived later and then leaned on to an authoritative figure to seek its legality. The results of this scientific work received criticism from Azami by bringing other evidence to rely on. The claim to the correctness of Schacht's theory is then considered not objective in terms of scientific truth standards. Some of the problems above are the focus of the study in this study, based on critical analysis methods and historical approaches. The result of the research is that the Sunnah is an expression, habit and way of life even though at that time the habits agreed by the community then relied on the Prophet. The more complete the series of sanads, as an indication, the further away from the Prophet's life. Sanad as a basis for dating a hadits. Even the appearance of sanad was earlier than the hadits editorial. Schacht based the development of the hadits sanad study through the theory of back projection and common link. Azami's criticism of Schacht's theory is as a baseless scientific lie. These theories stand on some of Schacht's misunderstanding of the theory and terms formulated by hadits scholars. Schacht's theory of the Sunnah also contradicts the historical realities prevailing in the early Islamic world.

Islamic Education System and Muslim Identity in Southeast Asia Moh. Mukri
JURNAL JAWI Vol 2, No 1 (2019)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Meningkatnya perhatian masyarakat terhadap Islam di Asia Tenggara menunjukkan trend positif bagi pengembangan studi Islam. Namun demikian, perlu diberikan pemahaman gambaran yang memadai tentang tradisi Islam di Asia Tenggara sehingga kajian yang dilakukan tidak luput dari konteks yang sebenarnya. Artikel ini berusaha mendeskripsikan tradisi pendidikan Islam di wilayah Asia Tenggara. Hasil kajian menunjukkan bahwa pendidikan Islam di Asia Tenggara telah berkembang pesat dari tingkat dasar hingga perguruan tinggi. Proses pendidikan Islam tersebut pada gilirannya melahirkan tradisi Jawi. Secara simbolik dan fungsional tradisi Jawi tersebut mengembangkan identitasnya sendiri yang asli tanpa merusak karakter Islam dan karakteristik kognitifnya.

DINAMIKA PEMIKIRAN FIKIH MAZHAB INDONESIA (Perspektif Sejarah Sosial) Moh Mukri
Analisis: Jurnal Studi Keislaman Vol 11, No 2 (2011): Analisis : Jurnal Studi Keislaman
Publisher : Universitas Islam Negeri Raden Intan Lampung

Sociologically and culturally speaking, Islamic law is the law that flows and deeply stem from cultural roots of community. It presents together with the presence of Islam. In the current days of Indonesia, however, Islamic law is in part an unwritten law, in addition to the trade mark that is still characteristically attached to the Middle East. These are the reasons why a number of Indonesian Muslim scholars then gave rise to the indigenization of Islamic law with a variety of ideas and namings. This paper attempts to depict the journey of the indigenization of fiqh (Islamic law) discource in Indonesia by using analysis of social history. There were some important figures offered constructive and paradigmatic jurisprudence format of Indonesian fiqh. Such important figures that will be analysed in this paper are Hasbi ash-Shiddiqy as the originator of the early Indonesian fiqh, and Hazairin who initiated the Indonesian madzhab or Indonesian Shafi’i plus school projected to include the national inheritance law. Then KH Sahal Mahfuz, the originator of an Indonesian social jurisprudence, and the last Gus Dur (Abdurrahman Wahid KH), who offered the genuine ideas of the indigenization of Islam and contextualization of Islamic jurisprudence.

THE EPISTEMOLOGY OF ISLAM NUSANTARA JURISPRUDENCE AND ITS CONTRIBUTION IN FAMILY LAW REFORM IN INDONESIA Moh. Fahimul Fuad; Moh. Mukri; A. Alamsyah; A. Akla
SMART: Journal of Sharia, Traditon, and Modernity Vol 1, No 1 (2021): SMART: Journal of Sharia, Tradition, and Modernity
Publisher : SMART: Journal of Sharia, Traditon, and Modernity

The term Islam Nusantara has sparked and caused polemics, pros, and cons that are quite warm in Indonesia since 2015 until now. As happened in the West Sumatra MUI environment. Islam Nusantara is interpreted as a religious pattern that exists in the archipelago, both at the level of religious practice and how to preach it. The level of amaliyah is interpreted as religious behavior that exists in the archipelago, especially in relation to fiqh which originates from its religious understanding. The problem is: What is the source of knowledge used in formulating Islamic fiqh in Nusantara? What is the validity and method of understanding the sources of knowledge used in formulating Islamic jurisprudence in Nusantara? How is the contribution of Islam Nusantara jurisprudence in reforming family law in Indonesia? This study aims to find answers to the epistemological formulation of Islamic jurisprudence in the archipelago and its contribution to reforming family law in Indonesia. To answer the questions above, the author uses qualitative research methods, types of literature research, the theory of ijtihad with the ushul fiqh approach. This means that the study of the concept of Islam Nusantara is carried out using the framework of ushul fiqh knowledge, especially regarding the concept of ijtihad. At the level of research work, the stretching of thinking to produce fiqh concepts that are unique to the archipelago is seen as part of ijtihad activities. The findings of the research are: (a) The source of knowledge used in formulating Islamic jurisprudence in the archipelago is a source of knowledge commonly known in the study of fiqh and ushul fiqh, both the mujma ’alaih and the mukhtalaf fih, (b) the source of knowledge as said to be valid. By giving a large enough portion to 'urf, and a benefit-oriented understanding, (c) Islam Nusantara’s fiqh can be used as an alternative law in the context of reforming family law in Indonesia.Keywords: Islam Nusantara, Jurisprudence, Epistemology, Legal Reform

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