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All Journal JURIS (Jurnal Ilmiah Syariah) Al-Istinbath: Jurnal Hukum Islam
Abdul Rahim Hakimi
Herat University
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Living Fiqh: Anatomy, Philosophical Formulation, and Scope of Study Zelfeni Wimra; Yasrul Huda; Mahlil Bunaiya; Abdul Rahim Hakimi
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.9491

Abstract

The living fiqh is derived from the living al-Quran and the living al-Hadith. It requires refining its formulation and methodological model as a contemporary socio-anthropological approach to fiqh. This article discusses the formulation of the concept of the living fiqh both deductively and inductively-abductively. The aim is to formulate and present this conception as a new approach or model of study and evaluation of fiqh practice in the contemporary era. The method used is abductive construction based on integrating fiqh into the behavior of its participants in various cultural clusters of Islamic society. The result found in this research is the formulation of the concept of The Living Fiqh as an explanation for society's acceptance of fiqh not only as knowledge but also as a practical guide in their lives. The implication is the availability of a sociological framework of fiqh that can explain the integration of fiqh in the daily life of Muslim communities spread across various models of cultural practices.
Discussing the Phenomenon of the Appointment of Judges in District Courts Regarding Interfaith Marriages from a Legal Logic Perspective Kemas Muhammad Gemilang; Hengki Firmanda; Maghfirah Maghfirah; Hellen Lastfitriani; Abdul Rahim Hakimi
AL-ISTINBATH : Jurnal Hukum Islam Vol 8, No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.8185

Abstract

This research aims to determine the intent of legislation and the constitution regarding interfaith marriages in Indonesia, so that judges can have a deeper understanding of the existing legal intent rather than relying solely on subjective legal interpretations. Additionally, this study also examines the authority of judges in District Courts who play a role in the determination of interfaith marriages. This research is a qualitative-normative study that utilizes legal documents and literature review, including books, journals, reports, and other reliable sources, which are analyzed using legal logic reasoning. Based on the researcher’s findings, legal logic reasoning in interpreting legislation indicates that interfaith marriages are prohibited. This can be seen in the constitutional goals of Indonesia in the fourth paragraph of the 1945 Constitution, the Judiciary Power Law in Article 5 and Article 50. The constitutional goals serve as the foundation for every judge’s decision. Such decisions not only aim to achieve lasting peace and justice for the parties involved but also for society at large or the majority of the Muslim community in Indonesia. Therefore, interfaith marriages between Muslim women and non-Muslim men should not be permitted. Furthermore, according to Constitutional Court Decision Number 68/PUU-XII/2014, which states that interfaith marriages are closely related to religion, the authority to resolve interfaith marriage cases should be held by Religious Courts. This is in line with Article 49 of Law Number 3 of 2006 on Religious Courts, which specifies one of their authorities is related to marriage matters.
Co-Authors Hellen Lastfitriani Hengki Firmanda Kemas Muhammad Gemilang Maghfirah Maghfirah Mahlil Bunaiya Yasrul Huda Zelfeni Wimra