Indonesian Journal of Islamic Literature and Muslim Society
Vol 1, No 1 (2016)

STUDI ISLAM DALAM KAJIAN HUKUM KELUARGA ISLAM DI INDONESIA

sadari, sadari (Unknown)



Article Info

Publish Date
10 Oct 2016

Abstract

This article offers a study of h}ududi (limit) in Islamic family law contained in the Indonesian Compilation of Islamic Law (KHI). The study of h}ududi is nothing other than the process of desacralization that KHI becomes progressive in line with the development of modernity and in the context of Indonesian-ness. To that end, this article makes two efforts, firstly, by rejecting the idea that gives no attention to limit in one hand, and secondly, by strengthening the thoughts of scholars who offer new ijtihad both in its concept until to methodology. Thought that strengthens it came from Syrian figure, namely Muh}ammad Shah}rur, through a plausibility structure. His study of hududsupported Nurcholish Madjid idea about the de-sacralization, so as to perform the coherence between KHI to human rights issues, democracy, nation-state, civil society, and constitutionalism. So this article supports the spirit of de-sacralization - in addition to not abandon its sacralization - initiated by Nurcholish Madjid. The source of this study is KHI, by using the hududparadigm, that based on a maxim of sabat al-naswa harakah al-muhtawa, meaning that the text is permanent , but the content moves. So that the rule of law is always rooted in liminality based on the text, which is the pivot of study centered on the text toward the context, not vice versa.

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Journal Info

Abbrev

islimus

Publisher

Subject

Religion Other

Description

Indonesian Journal of Islamic Literature and Muslim Society published by Postgraduate of State Institute for Islamic Studies (IAIN) Surakarta. The subject covers both textual and empirical, as well as classical and contemporary research on Islam. Published in Indonesia, it welcomes contributions in ...