herfin fahri - Academia.edu (original) (raw)

Papers by herfin fahri

Al Hikmah: Jurnal Studi Keislaman, Mar 7, 2016

Approachment of philoshophy or ideology in Islamic Law or philoshophy law use by careful with cla... more Approachment of philoshophy or ideology in Islamic Law or philoshophy law use by careful with classical and contemporary religious sholars ('ulama>). The word of pholoshophy (falsafah) is not found in sources of Islamic law. Although not found in sources of Islamic law, however the meaning of pholoshophy (falsafah) in Ulama's perspective is similar meaning with h} ikmah. Therefore. For understanding and seek the knowledge of Islamic law, someone must need the methodologies to understand it. Al-Qawa> 'id al-Fiqhiyyah (legal principles) as deductive reason in legal reasoning through us} u> l al-fiqh approach. This paper seeks to answer a problem of how deductive reson using Al-Qawa> 'id al-Fiqhiyyah is regarded as the sourch of Islamic law in the perspective of classical and contemporary religious sholars ('ulama>). Basing mainly on the legal approach , this paper argues that not all ulama> are familiar with, and therefor, employ Al-Qawa> 'id al-Fiqhiyyah in the making of Islmaic legal opinion. Permitting the use of legel principle as reference on the condition should be drived from thr primary source of Islamic law (al-Qur'a> n dan Sunnah), not from the legal thought of jurists.

Al Hikmah: Jurnal Studi Keislaman, Mar 18, 2015

The concept of human rights contained in the Universal Declaration is the product of an era that ... more The concept of human rights contained in the Universal Declaration is the product of an era that is inseparable from the influence of the historical, ideological, post-second world war intellectual background. Therefore, the concept of human rights, more or less, is the result of cultural fusion after the Western secular Enlightenment that is not grounded in religious principles. Regarding the concept of human rights as expressed in the Universal Declaration, some have accepted without reservation on the ground that the concept of human rights they have is in accordance with religious teachings. Conversely, some have considered that the basic principles of the Declaration is from the Western secular cultures that tend to put aside religious values. The third is the position of the moderates who take a cautious stance for accepting it with some changes and modifications.

The Muslim scholars (ulama) have agreed on the highest position of the Qur'an for all Muslims... more The Muslim scholars (ulama) have agreed on the highest position of the Qur'an for all Muslims. While, the position of the Prophet is in the second after the Qur'an. His position does not come from a community reception of the Prophet's presence as individual who has the power, but his position is clearly expressed through the God revelation. Allah has described the position of Prophet Muhammad in the structure as (a) the explainer of the Qur'an (b) the legislator, (c) the model for Muslim Society (d) the figure that must be followed by by society. Al-Hadith encompasses the human interaction that includes faith, moral, social and legal. The scholars of Hadith in the classical and contemporary era said that a hadith can be called sahih (authentic) if it is in line with four conditions: (1) It was narrated with sanad (chains of narration) which is muttashil (continuous) from the last narrator recording the hadith up to the Prophet as the source of hadith (2) the narrato...

Development of Islamic Legal Thought “Islamic Law (Shari'ah)” is one important field of study... more Development of Islamic Legal Thought “Islamic Law (Shari'ah)” is one important field of study, perhaps the most important fact in the scientific tradition of Islam, this is not because the tradition of jurisprudence among Indonesian Muslims, but because Islamic Law (Shari'ah) is the main reference for Muslims in behave. The College of Islam in Indonesia to position and portray himself in the changes and challenges of the present and the future. Changes that occur globally Essential globalization of the economy and the conflict of civilizations, the rapid development of science “knowledge” and technology and the challenges facing humanity in connection with the crisis of spiritual values in the atmosphere of the people who have been eroding Islamic values and morals.The existence of the Islamic university today is how the Islamic university in Indonesia to position and portray himself in the changes and challenges of the present and the future.

Abstract, In the Islamic Criminal Law system in mass media or books by infidelorientalists and th... more Abstract, In the Islamic Criminal Law system in mass media or books by infidelorientalists and their followers - namely the liberals - they are always cruel andinhumane. The cynical view of the Islamic criminal system was born not because of avanity Islamic criminal system, but there were two main reasons. First, conceptually,the criminal system of Islam is considered contrary to the mindset of the secular orliberal. For example, the death penalty for apostates is considered cruel and wrongnot because of the wrong Islam, but because it is contrary to the principle of religiousfreedom that is held fanatically by the secularists. Second, practically, the criminalsystem that is being applied is indeed not a criminal system of Islam. The law ofcutting hands for thieves is seen as wrong and sadistic not because of the wrongIslam, but because it is contrary to the criminal system of colonial occupation, namelyArticle 362 of the Criminal Code (KUHP). The level of h}ad al-shariqah in Islami...

Al-Quran is one of the names of a book that was revealed to the Prophet Muhammad, through the ang... more Al-Quran is one of the names of a book that was revealed to the Prophet Muhammad, through the angel Gabriel written in the Manuscripts, and narrated mutmutually. It is said that one of the names means there are other names that must be investigated, and it is also necessary to find the root word of the Qur’an in order to have knowledge about the Qur’an as a holy book. Because the Koran is the Kalamullah revealed to the Prophet Muhammad through the Angel Gabriel, it is also necessary to examine how the Qur’an can finally be written and standardized as the Koran can be witnessed today. Rasm Uthmani is a form of writing or procedures for writing the Koran which is blessed or which has been established at the time of the caliph ‘Uthmān bin‘ Affān r.a. and the term rasm 'Uthmani was born at the same time as the birth of the Ottoman Manuscripts, the rasm has been a custom inherited by Muslims since the era of' Uthmān ra, and the maintenance of rasm 'Uthmani is a strong guarant...

Al-Riddah atau apostasy (keluar dari agama Islam ke agama lain), sebagai salah satu tindak pidana... more Al-Riddah atau apostasy (keluar dari agama Islam ke agama lain), sebagai salah satu tindak pidana, secara konseptual masih banyak menimbulkan kontroversi, hal ini berkaitan dengan sanksi bagi pelakunya yaitu hukuman mati. Kenyataan ini jelas menimbulkan keresahan jika dikaitkan dengan hak asasi manusia dan keberadaan Islam yang pada dasarnya amat menghormati agama lain dan juga tidak ada pemaksaan untuk memeluk suatu agama tertentu termasuk Islam. Sehingga dengan dimasukkanya riddah sebagai salah satu materi hukum pidana Islam dan sanksi pidana mati bagi pelakunya, dianggap oleh sebagian kalangan bertentangan dengan hak asasi manusia dan prinsip dasar agama Islam. Mengkaji ulang masalah riddah adalah hal yang sangat mendesak untuk dilakukan. Sehingga dapat melahirkan suatu konsep hukum Islam yang dinamis tanpa harus mengorbankan shari'ah (hukum Islam). Sebab adanya tuntutan realitas sosio-politik yang menghendaki pelaksanaan shari'ah secara kaffah (menyeluruh atau umum). Pada satu sisi, menjunjung hak kebebasan beragama dalam konsep Hak Asasi Manusia (HAM) pada sisi lainnya. Penulis mencoba mengkaji ulang pendapat para fuqaha’ (‘ulama’ al-sabiqin wa al-mu’as}irin) tentang hukum konversi agama (h}add al-riddah), terutama mengenai bentuk hukuman bagi seorang yang pindah agama (murtadd) pada masa kini, dengan mengacu pada hadith Rasulullah SAW: [U…U† O¨O¯U„ O¯USU†U‡ U�O§U‚OaU„UˆU‡]. Dengan dasar ini, penulis akan menyesuaikan pendapat para fuqaha’ tentang ada atau tidak adanya pelaksanaan hukuman mati dalam masalah konversi agama dengan mengacu hadith tersebut. Perlunya penelaahan kembali konsep riddah yang ada, jika riddah menjadi salah satu materi pembahasan hukum pidana Islam, keadaan ini jelas paradoks dengan wacana kebebasan beragama yang berkembang di tengah masyarakat muslim dewasa ini. Kesimpulan dari penelitian ini adalah bahwa konsep hukum riddah tetap berlaku dan dipertahankan, walaupun tidak secara konstitusional. Hukum riddah tidak bisa dihapus atau dipisahkan dari bagian h}udud maupun jinayat (pidana), karena hal ini, merupakan wujud dari media dakwah Islam dalam mempertahankan kasatuan agama Islam dan keberadaannya

The justice has been known since time immemorial because it is driven by the necessities of life ... more The justice has been known since time immemorial because it is driven by the necessities of life and human events itself. It is impossible for a government in this world, whatever its form, will stand without upholding justice because there is no way a society can avoid conflict. Islamic law cannot be separated from the reality of people's life. Therefore, in society, a regulatory system is needed which is no other than the provisions contained in Islamic law, then its need a judicial institution which in Islam is called al-Qad}a>, which is an institution that is tasked with regulating problems that arise in. With changes in culture from time to time or life situations have changed and the rules continue to evolve. So it is very important to study the history of Islamic justice during the time of the Prophet and thereafter as well as the concept of evidence to seek the essence of truth, so that human rights are not neglected. Therefore, the extent to which the evidence for th...

Al Hikmah: Jurnal Studi Keislaman, Sep 12, 2019

Some literary studies state that deeds of riddah are not merely changing religions from one relig... more Some literary studies state that deeds of riddah are not merely changing religions from one religion to another, but are a major criminal act against Muslims. According to Islam, deeds of riddah not only change their mind from one religion to another but change the loyalty from one sovereignty to another. In other words, from a Muslim community or country to a non-Muslim country. Broadly speaking, acts of riddah or apostasy become two categories. The first category of apostates who invite others to apostasy and the second category of apostates who are silent. Acts of riddah or apostasy including immoral acts and threatened by God with sin and punishment in the hereafter. God forbid acts of riddah because these actions violate one of the joints of human life (d} aru> riyya> t five), namely religion, which means keeping religion highly prioritized namely h} ifd al-di> n. The firmness of Allah's prohibition on riddah or apostasy is explained in the QS. Al-Baqarah verse 217. Keywords: riddah, Islamic perspective, interpretation of aya> t al-ah} ka> m, Texts of the Qur'an.

Al Hikmah: Jurnal Studi Keislaman, Mar 7, 2016

Approachment of philoshophy or ideology in Islamic Law or philoshophy law use by careful with cla... more Approachment of philoshophy or ideology in Islamic Law or philoshophy law use by careful with classical and contemporary religious sholars ('ulama>). The word of pholoshophy (falsafah) is not found in sources of Islamic law. Although not found in sources of Islamic law, however the meaning of pholoshophy (falsafah) in Ulama's perspective is similar meaning with h} ikmah. Therefore. For understanding and seek the knowledge of Islamic law, someone must need the methodologies to understand it. Al-Qawa> 'id al-Fiqhiyyah (legal principles) as deductive reason in legal reasoning through us} u> l al-fiqh approach. This paper seeks to answer a problem of how deductive reson using Al-Qawa> 'id al-Fiqhiyyah is regarded as the sourch of Islamic law in the perspective of classical and contemporary religious sholars ('ulama>). Basing mainly on the legal approach , this paper argues that not all ulama> are familiar with, and therefor, employ Al-Qawa> 'id al-Fiqhiyyah in the making of Islmaic legal opinion. Permitting the use of legel principle as reference on the condition should be drived from thr primary source of Islamic law (al-Qur'a> n dan Sunnah), not from the legal thought of jurists.

Al Hikmah: Jurnal Studi Keislaman, Mar 18, 2015

The concept of human rights contained in the Universal Declaration is the product of an era that ... more The concept of human rights contained in the Universal Declaration is the product of an era that is inseparable from the influence of the historical, ideological, post-second world war intellectual background. Therefore, the concept of human rights, more or less, is the result of cultural fusion after the Western secular Enlightenment that is not grounded in religious principles. Regarding the concept of human rights as expressed in the Universal Declaration, some have accepted without reservation on the ground that the concept of human rights they have is in accordance with religious teachings. Conversely, some have considered that the basic principles of the Declaration is from the Western secular cultures that tend to put aside religious values. The third is the position of the moderates who take a cautious stance for accepting it with some changes and modifications.

The Muslim scholars (ulama) have agreed on the highest position of the Qur'an for all Muslims... more The Muslim scholars (ulama) have agreed on the highest position of the Qur'an for all Muslims. While, the position of the Prophet is in the second after the Qur'an. His position does not come from a community reception of the Prophet's presence as individual who has the power, but his position is clearly expressed through the God revelation. Allah has described the position of Prophet Muhammad in the structure as (a) the explainer of the Qur'an (b) the legislator, (c) the model for Muslim Society (d) the figure that must be followed by by society. Al-Hadith encompasses the human interaction that includes faith, moral, social and legal. The scholars of Hadith in the classical and contemporary era said that a hadith can be called sahih (authentic) if it is in line with four conditions: (1) It was narrated with sanad (chains of narration) which is muttashil (continuous) from the last narrator recording the hadith up to the Prophet as the source of hadith (2) the narrato...

Development of Islamic Legal Thought “Islamic Law (Shari'ah)” is one important field of study... more Development of Islamic Legal Thought “Islamic Law (Shari'ah)” is one important field of study, perhaps the most important fact in the scientific tradition of Islam, this is not because the tradition of jurisprudence among Indonesian Muslims, but because Islamic Law (Shari'ah) is the main reference for Muslims in behave. The College of Islam in Indonesia to position and portray himself in the changes and challenges of the present and the future. Changes that occur globally Essential globalization of the economy and the conflict of civilizations, the rapid development of science “knowledge” and technology and the challenges facing humanity in connection with the crisis of spiritual values in the atmosphere of the people who have been eroding Islamic values and morals.The existence of the Islamic university today is how the Islamic university in Indonesia to position and portray himself in the changes and challenges of the present and the future.

Abstract, In the Islamic Criminal Law system in mass media or books by infidelorientalists and th... more Abstract, In the Islamic Criminal Law system in mass media or books by infidelorientalists and their followers - namely the liberals - they are always cruel andinhumane. The cynical view of the Islamic criminal system was born not because of avanity Islamic criminal system, but there were two main reasons. First, conceptually,the criminal system of Islam is considered contrary to the mindset of the secular orliberal. For example, the death penalty for apostates is considered cruel and wrongnot because of the wrong Islam, but because it is contrary to the principle of religiousfreedom that is held fanatically by the secularists. Second, practically, the criminalsystem that is being applied is indeed not a criminal system of Islam. The law ofcutting hands for thieves is seen as wrong and sadistic not because of the wrongIslam, but because it is contrary to the criminal system of colonial occupation, namelyArticle 362 of the Criminal Code (KUHP). The level of h}ad al-shariqah in Islami...

Al-Quran is one of the names of a book that was revealed to the Prophet Muhammad, through the ang... more Al-Quran is one of the names of a book that was revealed to the Prophet Muhammad, through the angel Gabriel written in the Manuscripts, and narrated mutmutually. It is said that one of the names means there are other names that must be investigated, and it is also necessary to find the root word of the Qur’an in order to have knowledge about the Qur’an as a holy book. Because the Koran is the Kalamullah revealed to the Prophet Muhammad through the Angel Gabriel, it is also necessary to examine how the Qur’an can finally be written and standardized as the Koran can be witnessed today. Rasm Uthmani is a form of writing or procedures for writing the Koran which is blessed or which has been established at the time of the caliph ‘Uthmān bin‘ Affān r.a. and the term rasm 'Uthmani was born at the same time as the birth of the Ottoman Manuscripts, the rasm has been a custom inherited by Muslims since the era of' Uthmān ra, and the maintenance of rasm 'Uthmani is a strong guarant...

Al-Riddah atau apostasy (keluar dari agama Islam ke agama lain), sebagai salah satu tindak pidana... more Al-Riddah atau apostasy (keluar dari agama Islam ke agama lain), sebagai salah satu tindak pidana, secara konseptual masih banyak menimbulkan kontroversi, hal ini berkaitan dengan sanksi bagi pelakunya yaitu hukuman mati. Kenyataan ini jelas menimbulkan keresahan jika dikaitkan dengan hak asasi manusia dan keberadaan Islam yang pada dasarnya amat menghormati agama lain dan juga tidak ada pemaksaan untuk memeluk suatu agama tertentu termasuk Islam. Sehingga dengan dimasukkanya riddah sebagai salah satu materi hukum pidana Islam dan sanksi pidana mati bagi pelakunya, dianggap oleh sebagian kalangan bertentangan dengan hak asasi manusia dan prinsip dasar agama Islam. Mengkaji ulang masalah riddah adalah hal yang sangat mendesak untuk dilakukan. Sehingga dapat melahirkan suatu konsep hukum Islam yang dinamis tanpa harus mengorbankan shari'ah (hukum Islam). Sebab adanya tuntutan realitas sosio-politik yang menghendaki pelaksanaan shari'ah secara kaffah (menyeluruh atau umum). Pada satu sisi, menjunjung hak kebebasan beragama dalam konsep Hak Asasi Manusia (HAM) pada sisi lainnya. Penulis mencoba mengkaji ulang pendapat para fuqaha’ (‘ulama’ al-sabiqin wa al-mu’as}irin) tentang hukum konversi agama (h}add al-riddah), terutama mengenai bentuk hukuman bagi seorang yang pindah agama (murtadd) pada masa kini, dengan mengacu pada hadith Rasulullah SAW: [U…U† O¨O¯U„ O¯USU†U‡ U�O§U‚OaU„UˆU‡]. Dengan dasar ini, penulis akan menyesuaikan pendapat para fuqaha’ tentang ada atau tidak adanya pelaksanaan hukuman mati dalam masalah konversi agama dengan mengacu hadith tersebut. Perlunya penelaahan kembali konsep riddah yang ada, jika riddah menjadi salah satu materi pembahasan hukum pidana Islam, keadaan ini jelas paradoks dengan wacana kebebasan beragama yang berkembang di tengah masyarakat muslim dewasa ini. Kesimpulan dari penelitian ini adalah bahwa konsep hukum riddah tetap berlaku dan dipertahankan, walaupun tidak secara konstitusional. Hukum riddah tidak bisa dihapus atau dipisahkan dari bagian h}udud maupun jinayat (pidana), karena hal ini, merupakan wujud dari media dakwah Islam dalam mempertahankan kasatuan agama Islam dan keberadaannya

The justice has been known since time immemorial because it is driven by the necessities of life ... more The justice has been known since time immemorial because it is driven by the necessities of life and human events itself. It is impossible for a government in this world, whatever its form, will stand without upholding justice because there is no way a society can avoid conflict. Islamic law cannot be separated from the reality of people's life. Therefore, in society, a regulatory system is needed which is no other than the provisions contained in Islamic law, then its need a judicial institution which in Islam is called al-Qad}a>, which is an institution that is tasked with regulating problems that arise in. With changes in culture from time to time or life situations have changed and the rules continue to evolve. So it is very important to study the history of Islamic justice during the time of the Prophet and thereafter as well as the concept of evidence to seek the essence of truth, so that human rights are not neglected. Therefore, the extent to which the evidence for th...

Al Hikmah: Jurnal Studi Keislaman, Sep 12, 2019

Some literary studies state that deeds of riddah are not merely changing religions from one relig... more Some literary studies state that deeds of riddah are not merely changing religions from one religion to another, but are a major criminal act against Muslims. According to Islam, deeds of riddah not only change their mind from one religion to another but change the loyalty from one sovereignty to another. In other words, from a Muslim community or country to a non-Muslim country. Broadly speaking, acts of riddah or apostasy become two categories. The first category of apostates who invite others to apostasy and the second category of apostates who are silent. Acts of riddah or apostasy including immoral acts and threatened by God with sin and punishment in the hereafter. God forbid acts of riddah because these actions violate one of the joints of human life (d} aru> riyya> t five), namely religion, which means keeping religion highly prioritized namely h} ifd al-di> n. The firmness of Allah's prohibition on riddah or apostasy is explained in the QS. Al-Baqarah verse 217. Keywords: riddah, Islamic perspective, interpretation of aya> t al-ah} ka> m, Texts of the Qur'an.