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JURNAL ISTINBATH
Published by Sekolah Tinggi Agama Islam Negeri Jurai Siwo Metro Lampung
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Articles 5 Documents
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Search results for , issue " Vol 7, No 1 (2010): Volume 7 Nomor 1 Mei 2010" : 5 Documents clear
KONSTRUKSI PEMIKIRAN ISLAM M. ARKOUN; KRITIK TERHADAP NALAR ISLAM DAN NALAR MODERN Rahman, Arif Aulia
ISTINBATH JURNAL HUKUM Vol 7, No 1 (2010): Volume 7 Nomor 1 Mei 2010
Publisher : STAIN Jurai Siwo Metro

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AbstractArkoun finds even secularist and reformist Muslims who are still prisoners, in their discourse of the problematic thrown up by the Modernity of the Classical Age (1800-1950), imposed by the so-called revolutionary civilized Europe until at least 1950. In order to transcend this impasse, Muslims must undertake a radical double critique: western Modernity and the Islamic heritage, with the aim of transcending both, instead of just trying to come to terms with the European modernity while still prisoner to a heritage that is uncritically re appropriated. This article shows that Arkoun interpret the modernity that is based on philosophical, more than just a historical or sociological sense. Arkoun distinguish between "material" modernity and "intellectual" or "cultural" modernity. The first means that the various advances that occurred in the outer frame of the human form, while the latter includes the methods, analytical tools, and intellectual attitude that gives the ability to understand reality. There are some important notes about the criticism of Islamic rationality, particularly relating to religion and truth values of Islam, and the construction of Islamic reasoning and modern rationality. That the reasoning required in meaning a comprehensive understanding of aspects of the historical, socio-cultural, socio-political, and religious. Included also to look at the textual and contextual issues. Keywords: Arkoun, Reason, Logosentrism.
MENGUNGKAP PEMIKIRAN MASLAHAT SEBAGAI DALIL HUKUM ISLAM Tarmizi, Tarmizi
ISTINBATH JURNAL HUKUM Vol 7, No 1 (2010): Volume 7 Nomor 1 Mei 2010
Publisher : STAIN Jurai Siwo Metro

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AbstractThis study discusses the concept of maslahat as the law theorem of Islam. Recently, maslahat as a study is being discussed. The facts indicates that maslahat is increasing rapidly in line with the human’s needs. The change of the society’s condition and situation from time to time brings about complexity of human’s problems. This influences and changes the human’s need structure and their maslahat which in turns it changes the law theorem. In the meantime, the nas related to this discussion is very limited, the exploration on ulama’s thoughts is badly needed, particularly those that closely connected to the discussion of maslahat. This way, it can be proven that Islamic syariat is in line and adaptable to the rapid changes of any condition and from time to time even since Al-Qur’an bestowed the human being until the end of time. This research is a library research. The exploration is conducted through analyzing descriptively. The researcher describes the thoughts of proposed by ulamas thoughts their mazhab and then compare them critically before finally composing concluding remarks. The result of this research shows that maslahat as the law theorem of Islam is accepted by all mazhab such as Hanafi, Maliki, Syafii and Hambali.. Furthermore, the use of maslahat is various based on the knowledge background. The way people see maslahat may be influenced by certain given condition and situation. Keywords: Islamic law, maslahat.
MAQĀṢID ASY-SYARĪ`AH DALAM BINGKAI PEMIKIRAN ASY-SYĀṬIBĪ Nurjanah, Siti
ISTINBATH JURNAL HUKUM Vol 7, No 1 (2010): Volume 7 Nomor 1 Mei 2010
Publisher : STAIN Jurai Siwo Metro

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AbstractAsy-Syāthibī had used utilitarianistic methodology when he explore about maqāṣid asy-syarī`ah by using texs or nash. Asy-Syāthibī has said that all of syara’ law which is covered by text or nash has mashlahah for human. If law didn’t cover mashlahah so that is stopped because it was giving for human always followed by mashlahah for doing it. Asy-Syāthibī has moderate strategy  in law. Maqāshid asy-syarī`ah concept for asy-Syāthibī is looking at mashlahah for human really when five of life unsure have been taken care, there are: religion protection (hifz ad-dīn), spirit protection (hifz an-nafs), intelligential protection (hifz al-`aql), eternal human protection (hifz an-nasl), and wealth protection (hifz al-māl). For really that reason, asy-Syāthibī divided maqāshid asy-syarī`ah for three kind, there are dharūriyyāt, hajjiyāt, and tahsīniyyāt. All three can’t be split and then, hajjiyāt is become completer for dharūriyyāt, and tahsīniyyāt is become completer for hajjiyāt, while dharūriyyāt is become main of hajjiyāt and tahsīniyyāt.Keywords: utilitarianistic methodology, dharūriyyāt,                   hajjiyāt, tahsīniyyāt.
IDDAH DAN TANTANGAN MODERNITAS Zulaikha, Siti
ISTINBATH JURNAL HUKUM Vol 7, No 1 (2010): Volume 7 Nomor 1 Mei 2010
Publisher : STAIN Jurai Siwo Metro

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Abstract`Iddah in Islamic law to determine cleanliness of the womb of a wife and an opportunity for couples who divorce to consider in determining positive and negative sides effect of divorce. But in reality not a few Muslims who ignore the `iddah law with a variety of reasons, such as avoiding fornication, need someone who can help the economy, even for reasons not aware of `iddah. Violations during the `iddah, certainly raises new problems in society. In this modern age have uterine conditions can be detected without having to wait up to three months, the question is still relevant og rule of law was `iddah today, then why the husband tends to abandon its obligations? This article shows that the `iddah has many virtues in various aspects, which each have a relationship that can not be separated. Developments in science and modern technology can not change the rule in cases that have been clearly expressed and defined by the Quran and Sunnah. But  wat doubtful and adultery developments in science and just in case  technology can be utilized, because the law between men and women in this case related only to the problem using the sanctity of the womb dukhūl. Although there is the belief that the womb of the woman (wife) clean and in between them (husband and wife) can not reconcile. But women can not be justified for the (former wife) violated the provisions of `iddah. Keywords: `iddah, technology, Islamic law.
STUDI KRITIS TERHADAP KRITIK NALAR ARAB MUHAMMAD ABED AL-JABIRI Mustofa, Imam
ISTINBATH JURNAL HUKUM Vol 7, No 1 (2010): Volume 7 Nomor 1 Mei 2010
Publisher : STAIN Jurai Siwo Metro

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AbstractThis article traits to discuss Mohammad Abed al-Jabiris critical Arab reason project. As result of study, the author found that Al-Jabiri projected his self in the specific ideas project. He tried to build and bring Islam to improvement based on reality. He poured building of epistemology to three concepts "trilogy of concepts"  which spread in his three books. First, Takwīn al- ‘Aql al ‘Arabī (Formation of Arab Reason, 1982), second, Bunyah al-‘Aql al-‘Arabī (Strutructure of Arab Reason, 1986), and third, al ‘Aql as-Siyāsī al-‘Arabī (Political Arab Reason, 1990). Al-Jabiri concerned on themes which often appear in Arabic language environment. Al-Jabiri return Arab reason structure to three compositions; first, Original Arab composition which he called religious rationality or reason of explication which illustrated in the linguistics and religious science. Second, Greece composition or Aristotelian which he called rationality of rational or demonstrative-cosmologic reason which illustrated in the philosophy and its sciences. Third, old composition  he called irationality of rational future reason and it was illustratred  in the gnostic. In the critical arab reason project, Al-Jabiri discussed many things, but he also leaved many things. He alienatedrationality area at dicipline of knowledge which illustrated in the sufism (gnostic) traditions. Keywords: Critique, demonstrative-cosmologic-gnostic.

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