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2016
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20 pages
1 file
This work is of the historical discourse about the constitution Medina of law with the Medina Charter of The Prophet Muhammad as the content analysis and tends to find out moral massages, values, and principles therein to be implemented for the development of highly-plural Indonesian people. The history of the establishment of the Medina Law is closely related to the discourse about the charter of Medina which is still relevant to speak about. To sharpen the analysis of this work, I quote words from both western scholars and moslem ones and then understand them in the context of social life of the citizens of Indoenesia, especially in resolving social conflicts among peoples and ethnics. In additions, it may be suggested to be a resolution of religious conflicts at local, regional, and international levels. This work has, of course, relevance for the values in the Medina charter as a principle of the establishment of law-based nation are very important to be applicable in Indonesia....
Al-Bayyinah, 2020
The movement that wants to make an Islamic constitution still threatens Indonesia. This movement is exacerbated by the misunderstanding that the Medina Charter was proof of the obligation for Muslims to establish an Islamic state as was done by the Prophet Muhammad. In fact, the Medina Charter regulates more about the protection of human rights (HAM) for every citizen regardless of religious background.This study aims to examine the position of the Medina charter as an argument for the establishment of the state and the similarity between the Indonesian constitution and the spirit of protecting human rights in the Medina charter. This research is a literature review by examining classical and modern references relevant to the establishment of the state and the Medina Charter. The finding in this research is that the Medina charter is a legal product at the time of the Prophet Muhammad (pbuh). Muslims are not obliged to establish a form of Islamic State and a constitution that is exa...
NEGREI: Academic Journal of Law and Governance
The relationship between religion and the state has become an actual and dynamic discourse in every phase of the development of civilization, both in the West and in the East. The debate revolves around the question of the form of the state, whether it is integral, symbiotic, or secular. Departing from this discourse, this study examined the existence of the relationship between religion (Islam) and the state in Indonesia. The approach used was Martin Heidegger's hermeneutics, while the study method used was a comparative method. The results of this study indicate that historically-normatively, the Prophet SAW had formulated the State of Medina based on the Medina Charter which spirit was based on the texts of the Qur'an, not an Islamic state based on the literal Qur'an. The scholars who became the founders of the Indonesian state had also formulated Pancasila as stated in the Preamble to the 1945 Constitution of the Republic of Indonesia as the ideal building for establ...
2014
This article is a bibliographical essay of books and articles aboutthe development of Islamic law in Indonesia. Thus this paper tries oorganize some works conducted by both Indonesian and non Indonesianscholars. The article is divided into three parts. The first is introductionand then followed by the discussion about the topic itself. The secondpart is presented into several divisions according to the approaches ofstudy on the development of Islamic law in Indonesia, such as historicalapproach and legal approach. The last part is the conclusion. Keywords: Islamic law, bibliography, Indonesia
Ihyaussunnah : Journal of Ulumul Hadith and Living Sunnah
In recent years, rampant intolerant cases have damaged Indonesia's religious image in various forms and waned national commitment. Starting with the refusal of non-Muslims to live in certain areas and the rejection of the establishment of houses of worship for certain religions, it is clear that religious freedom in Indonesia requires serious attention in order to implement wasathiyah values in Indonesia. This paper seeks to provide an understanding of non-Muslims in the nation-state, the Medina Charter as the Prophet's political strategy in realizing national commitment to become a model for the implementation of wasathiyah values in Indonesia. This paper uses a qualitative approach with data collection techniques through a literature study. The results of this study indicate that at least it can be understood that when the Prophet initiated the Medina Charter as a political policy and strategy in realizing national commitment, it could be used as a model for implementing...
As the world’s largest predominantly Muslim country, certain Muslim communities in Indonesia believe that the Jakarta Charter is an effective bridge to realise Islamic sharia due to its virtuous historical values. However, the aim is not reached yet, as major Muslim groups and main political forces in the parliament assume that the Charter is no longer relevant with current circumstances. This paper is an attempt to examine political thoughts of the elites in Muhammadiyah, the most influential Muslim-moderate organisation in Indonesia, towards the notion of the establishment of Islamic sharia by applying the Jakarta Charter as the state principle during transition era particularly surrounding the annual session of the People’s Consultative Assembly (MPR) 1999-2002. Indeed, elites in Muhammadiyah have a significant role to maintain the present and future political trajectory. Thus, it is a fascinating study to depict contemporary thoughts of the Muslim elites. As a result, the paper found three models of political thoughts in Muhammadiyah namely the moderate-transformative, the moderate-realistic, and the accommodative-pragmatic. Each thought has its features and reasons. In sum, the paper eventually demonstrates that no one the elites in Muhammadiyah encourages the concept of the Islamic state.
This study is part of an effort to systematize the basic conception of the values of the sharia as the foundation in the life of nation and state life, where the orientation is to embody the essence of the religious life through the maqâshid al-syarîàh. Islam as al-dîn has been providing the basics of life of Muslims through the al-Qur " an and as-Sunnah. Both of these contain guidance values of human life , including in running the sharia for Muslims. Sharia (syarîàh) in perspective of terminology is " street ". In an isthilâhî perspective , it is a way to get to God. The basic meaning of sharia itself should be realized in the basic understanding maqâshid al-syarîàh , which can be interpreted within the scope of statehood , because the meaning contained are the values of universality of maqâshid al-syarîàh. In the context of Indonesian , then maqâshid al-syarîàh is part of the basic conception air Almighty God with the aim of creating prosperity for the people of Indonesia. In this study , the approach used is the doctrinal bases to study literature. This study is the strengthening of the maqâshid al-syarîàh as the basis for the development of Islamic law .
Journal of Al-Islam and Muhammadiyah Studies
This article discusses Muhammadiyah and the statehood politics in Indonesia. Through the literature study method, this article reveals that Muhammadiyah is a social organization that grows and develops in tandem with the socio-cultural and political growth and development in Indonesia. In his journey, Muhammadiyah concentrated more on his social work, but he could not be separated from the correlation with power of politics. The consistency of the non-partisan missionary movement does not reduce the interest of Muhammadiyah activists involved in practical politics. Based on his khittah, Muhammadiyah is not a political organization and will not become a political party. However, with the belief that Islam is a religion that regulates all human life in the world, naturally all matters relating to the world become the fields of Muhammadiyah's work, including matters of state politics. This article underlines that religious modernity can be used as input for political development in...
Al-Jami'ah: Journal of Islamic Studies, 2005
Artikel ini mendiskusikan reaktualiasi hukum Islam di Indonesia, gagasan, posisi, dan peran sosial politik Munawir Sjadzali dalam perpolitikan Orde Baru, serta pengaruhnya terhadap bentuk dan isi hukum Islam. Setelah deskripsi tentang latar belakang kehidupan, karier serta pencarian intelektual Munawir, didiskusikan gagasan reaktualisasi dan polemik yang menyertainya. Penulis berargumen bahwa persoalan metodologilah yang sesungguhnya menyulut perdebatan. Keberatan banyak pihak tertuju pada lemahnya dasar metodologis gagasan reaktualisasi yang ingin melampaui batasan tafsir teks tradisional. Di samping itu, debat publik ini juga menggambarkan adanya perubahan dan penyebaran otoritas keagamaan dalam hukum Islam. Sebagai akibatnya, hukum Islam tidak lagi menjadi monopoli kaum agamawan yang secara tradisional disebut ulama. Kini, ia direformulasi oleh organ-organ negara melalui legislasi aturan-aturan Islam, para hakim dan institusi peradilannya.
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