Claim Missing Document
Check
Articles

Found 3 Documents
Search

KEDUDUKAN FATWA MAJELIS ULAMA INDONESIA (MUI) DALAM PERSPEKTIF HUKUM ISLAM DAN NASIONAL: STUDI IMPLIKASI FATWA TERHADAP MASYARAKAT Imaro Sidqi; Doli Witro
Nizham Jurnal Studi Keislaman Vol 8 No 01 (2020): Jurnal Nizham
Publisher : Postgraduate State Islamic Institute (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (396.65 KB) | DOI: 10.32332/nizham.v8i01.2103

Abstract

This article discusses the existence of MUI fatwa and its position in Indonesia. So far, people are more likely to use the fatwa law than national law. Many political interests, so that the independence of the fatwa in Indonesia, the MUI fatwa, is doubtful of its integrity. In the context of Islamic law, a fatwa is an essential presence in society, while in national law, a fatwa is only a doctrine whose status is not required to be followed. The deficient legal awareness of the community is a problem in the community because the political influence of the fatwa has a negative impact, so it is feared that it will create a negative thing that lives and develops into a civilization in society. From this writing, it can be concluded that the position of the fatwa is not required to be followed so that public awareness about the law must be socialized by the government so that people can understand. However, if the fatwa is following the constitution, the fatwa can be applied in the law so that the fatwa is not easy to be politicized by any party concerned.
Development of Artificial Intelligence in the Dispute Resolution of Religious Courts Imaro Sidqi; Siti Maymanatun Nisa; Hening Sukma Daini
Jurnal Hukum Islam Vol 21 No 1 (2023)
Publisher : Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi_v21i1_04

Abstract

The number of disputes in religious courts continues to increase every year, giving great potential to develop the use of artificial intelligence to make it more efficient and effective by paying attention to the basic principles of Islamic law. This paper discusses the potential and development of the use of artificial intelligence technology in dispute cases in religious courts based on Maslahah Mursalah. The research method is juridical-normative, with a conceptual and philosophical approach. The research shows that the use of artificial intelligence in dispute resolution at religious courts is important for the reason that it can minimize the risk of errors and help judges determine legal considerations in the dispute resolution of Islamic law so that they are more accurate, effective, and efficient. The potential for developing the use of artificial intelligence technology in religious courts must consider several aspects, including the integration of artificial intelligence technology in the dispute resolution process in religious courts, the development of artificial intelligence-based decision support systems, and legal-ethical aspects of the use of artificial intelligence in religious courts. The formulation of the concept for developing the use of artificial intelligence technology in dispute resolution in the religious courts must be guided by the Maslahah Mursalah principle as a moral-ethical foundation within the legal system framework, which includes legal structure, legal substance, and legal culture so that the development of the use of artificial intelligence technology in the disputes resolution of Islamic law in religious courts be effective and justice for all.
Construction of Sumah Li'an Based on Sharia Maqashid Imaro Sidqi
Al Ahkam Vol. 19 No. 1 (2023): Januari-Juni 2023
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v19i1.8013

Abstract

Li'an is one of the reasons for divorce that has been legitimized by Islamic law through the Qur'an and Hadith. In the Indonesian context, li'an is also described in the Compilation of Islamic Law. The problem that arises in the text of li'an law is the emergence of misogynistic interpretations, both at the conceptual and practical levels. This is contrary to the spirit behind the historical side of the revelation of the li'an verse which is intended to complain about the fate of women from accusations. This research aims to explore the concept of li'an according to the Koran in the context of the modern era using the maslahah approach by Imam al-Ghazali. The method used is literature with a qualitative descriptive type. The primary data is in the form of the Qur'an, while the secondary data is in the form of commentaries, books, journal articles, and other written sources related to the li'an theme. The results showed that the revelation of the li'an verse was a solution that responded to the problems of society at that time, namely to maintain the sanctity of lineage or lineage. With the development of technology and the dynamics of the times, technology can broaden views so that the construction of li'an law becomes relevant. Judging from the Li'an case itself, the assistive sciences that can be used include medical science. The harmonization between fiqh and modern scientific disciplines is aimed at achieving benefits in the form of maintaining religion, soul, mind, lineage, and property.Keywords : Li'an; Magna Cum Maghza; Maslahah