There are two points by which the theme above becomes necessary, first, the urgency of concerning... more There are two points by which the theme above becomes necessary, first, the urgency of concerning the topic of holding past crime. Second, concerning the concept of forgiveness in accordance with Islamic doctrine. Forgiveness in Islam is firmly accounted, and even regarded as more honorable than retaliation, in holding past crime. Seeing it through maqsid al-syari’ah (the main goal of Islamic law) or mashlahah, and considering Allah’s right (public’s right) and human’s right (personal right), past crime against humanity is against mashlahah, namely mashlahah dlarury; hifz al-nafs. In fiqh, such a crime is included in qisas in which the perpetrator violates both Allah’s right and human’s right. When the victim forgives him, he is free from the responsibility over the personal right but not the public’s one. To fulfill the latest responsibilty, there are three duties to be done; uncovering the historical truth, confession as well as guarantee of non-recurrence in the future.
Farm labor or peasant is an urgent component in agriculture, farm and animal husbandry or aquacul... more Farm labor or peasant is an urgent component in agriculture, farm and animal husbandry or aquaculture. Farm workers or peasants also have unique and different characteristics compared to industrial workers, especially in terms of form and rhythm of work. However, farm workers do not get specific protection in positive law in Indonesia. This article explores the legislation in Indonesia to see the position of farm workers in positive law. The search results, supported by the elaboration of historical facts, show that agricultural laborers in Indonesia do not have a specific legal protection. Meanwhile, the facts of current agricultural developments show that farm workers increasingly need this protection in line with the tendency of agricultural globalization.
this study is a review of Islamic law regarding the problem of using unproductive waqf assets, th... more this study is a review of Islamic law regarding the problem of using unproductive waqf assets, thus giving rise to the practice of istibdal waqf. The data studied were the fatwas of the Shafi`iyyah scholars, namely Abu Ishaq as-Syairazi and Sheikh Zakaria al-Ansari and then compared them using content analysis techniques. This analysis aims to understand deeply and critically about the contents of the fatwa relating to the issue. The data used are generated from reading fiqh books, both classical and contemporary, focused on the fatwas contained in the works of the two scholars above. The data is collected and then used as a legal comparison. in legal istinb?th, both Zakaria al-Ansari and Abu Ishaq as-Syairazi followed Imam Shafi`i in the process of selecting the arguments as well as the methods used. In the discussion of istibd?l waqf, the argument used is the hadith narrated by Ibn Umar about waqf by Umar ibn Khattab and the provisions contained therein. However, there are differe...
Al-Jabiri’s thought, one of prominent thinkers of Islamic reform, considered as one with origin... more Al-Jabiri’s thought, one of prominent thinkers of Islamic reform, considered as one with original ideas. His two main ideas, namely turats and hadatsah and epistemological critique of Islam (Arabic) is considered unique, despite the criticism leveled by some thinkers. The idea of turats and hadatsah emphasis on more comprehensive reading on turats accompanied by a more productive reading. His criticism on the epistemology of Islam (Arabic), which departed from the mapping of Arabic reason, is very popular; Bayani-Burhani-Irfani. These Al-Jabiri’s ideas, especially about turats and hadatsah, are inspiring this article. It can be used as a telescope to look at Pesantren tradition that became the basis of Al-Qolam tradition as well as its area of concern contained in its vision "to be the best Research Islamic Unibersity Based on Pesantren in East Java in 2030". Turats reading and methods of reading on turats initiated by Al-Jabiri could be adopted by Al-Qolam in defining...
This research focuses on Islamic boarding school (pondok pesantren) as religious tourism destinat... more This research focuses on Islamic boarding school (pondok pesantren) as religious tourism destination. Religious tourism is an important part of the international tourist market, including in Indonesia. Indonesian government has realized the role of this kind of tourism in economic development. Hence, every intake has been being taken to develop it, including promoting new destinations. One of them is pondok pesantren (Islamic boarding school) because it’s a unique subculture. Pondok Pesantren Biharu Bahri ‘Asali Fadlail al-Rahmah, which is located in Malang East Java, is one of them. It has luxurious, artistic as well as unique building. It’s also accused as deviationist. The main questions are the motivation of constructing the building, the process of the construction, and the effects of becoming the destination of tourism on the existence of Pondok Pesantren Biharu Bahri ‘Asali Fadlail al-Rahmah. The main motivation of the construction was ‘da’wah’ through building instead of wo...
Kartini is one of the great figures in history who is often simply and arbitrarily simplified as ... more Kartini is one of the great figures in history who is often simply and arbitrarily simplified as a figure of female emancipation. Yet when it is understood in detail in her life history, then the spirit of heroism is seen extraordinary, not only for women, but for humans and humanity in general. This article attempts to read the phases of Kartini's thoughts and actions through reading her letters to her correspondent friends. From these letters, it was read that there was a very human process in Kartini's life journey: from a liberal and radical figure, to a down-to-earth warrior figure. This transformation process certainly occured because of the influence of the environment she had faced. External literature that supports the reading of this transformation becomes urgent to get a more comprehensive understanding.
Sambas conflict in 1997 and 1999 caused big number of refugees, mainly Madureses, which spread in... more Sambas conflict in 1997 and 1999 caused big number of refugees, mainly Madureses, which spread in various regions. Many young refugees were sheltered at Islamic boarding schools (pondok pesantren), especially in East Java. They usually got special treatment, from financial dispensation to psychological assistance. One pondok pesantren accommodating the Victims of Sambas conflict was Raudlatul Ulum 1 Ganjaran Gondanglegi Malang. Although it did not have particular program to handle those young victims, a number conflict victims were found. The research problems are formulated as follows: (1) how is the Sambas conflict victims’ perception on multiculturalism at Islamic boarding School Raudlatul Ulum 1; (2) what is the role of the boarding school in the formation of their perception on multiculturalism? It is a field research with qualitative approach. This research resulted that the conflict which the victims had experienced in Sambas had provided deep trauma, especially psychologic...
The focus of this research is about the pattern of relationships that are built in the households... more The focus of this research is about the pattern of relationships that are built in the households resulting from early marriage among the santri community in three villages in Gondanglegi District, Malang Regency, namely Ganjaran, Putukrejo and Sukosari - three villages with the strongest pesantren base in Gondanglegi region. The starting point is the strengthening of the assumption that early marriage is one of the main causes of domestic violence - where women are always victims, divorce and even trafficking in women and children. The study using this phenomenological approach concluded that the pattern of relationships built in the households resulting from early marriage of the santri community does require an adaptation process, from submission to agreement, with the uniqueness of each partner. However, the households they cultivate persist and last normally as households in general. The teachings of religion and the social values about household that they hold firm, as part ...
Penelitian ini merupakan penelitian lapangan yang bersifat deskriptif kualitatif. Penelitian ini ... more Penelitian ini merupakan penelitian lapangan yang bersifat deskriptif kualitatif. Penelitian ini berlokasi di beberapa Kampus di Kota Malang.Subjek dari penelitian ini adalah suami, istri dan wali muhakkam. Objek penelitian ini praktik pernikahan dengan wali muhakkam. Teknik pengumpulan data yang digunakan adalah dokumentasi dan wawancara. Yang menjadi data ini ialah praktik pernikahan dengan menggunakan wali muhakkam, adapun sumber data adalah informan yaitu suami istri yang melakukan pernikahan dengan menggunakan wali muhakkam. Hasil penelitian ini menunjukkan bahwa: Praktik pernikahan dengan menggunakan wali muhakkam di kalangan mahasiswa ini dengan cara mengangkat orang yang dianggap mengerti tentang hukum-hukum menjadi wali dalam pernikahan.Motivasi para mahasiswa menikah menggunakan wali muhakkam yang paling inti adalah menghindari dosa besar dari perzinahan dan dampak dari pernikahan wali muhakkam adalah tidak ada, hanya saja dampak moral sosial karena ketidak fahaman masyara...
Sambas conflict in 1997 and 1999 caused big number of refugees, mainly Madureses, which spread in... more Sambas conflict in 1997 and 1999 caused big number of refugees, mainly Madureses, which spread in various regions. Many young refugees were sheltered at Islamic boarding schools (pondok pesantren), especially in East Java. They usually got special treatment, from financial dispensation to psychological assistance. One pondok pesantren accommodating the Victims of Sambas conflict was Raudlatul Ulum 1 Ganjaran Gondanglegi Malang. Although it did not have particular program to handle those young victims, a number conflict victims were found.
There are two points by which the theme above becomes necessary, first, the urgency of concerning... more There are two points by which the theme above becomes necessary, first, the urgency of concerning the topic of holding past crime. Second, concerning the concept of forgiveness in accordance with Islamic doctrine. Forgiveness in Islam is firmly accounted, and even regarded as more honorable than retaliation, in holding past crime. Seeing it through maqsid al-syari’ah (the main goal of Islamic law) or mashlahah, and considering Allah’s right (public’s right) and human’s right (personal right), past crime against humanity is against mashlahah, namely mashlahah dlarury; hifz al-nafs. In fiqh, such a crime is included in qisas in which the perpetrator violates both Allah’s right and human’s right. When the victim forgives him, he is free from the responsibility over the personal right but not the public’s one. To fulfill the latest responsibilty, there are three duties to be done; uncovering the historical truth, confession as well as guarantee of non-recurrence in the future.
Farm labor or peasant is an urgent component in agriculture, farm and animal husbandry or aquacul... more Farm labor or peasant is an urgent component in agriculture, farm and animal husbandry or aquaculture. Farm workers or peasants also have unique and different characteristics compared to industrial workers, especially in terms of form and rhythm of work. However, farm workers do not get specific protection in positive law in Indonesia. This article explores the legislation in Indonesia to see the position of farm workers in positive law. The search results, supported by the elaboration of historical facts, show that agricultural laborers in Indonesia do not have a specific legal protection. Meanwhile, the facts of current agricultural developments show that farm workers increasingly need this protection in line with the tendency of agricultural globalization.
this study is a review of Islamic law regarding the problem of using unproductive waqf assets, th... more this study is a review of Islamic law regarding the problem of using unproductive waqf assets, thus giving rise to the practice of istibdal waqf. The data studied were the fatwas of the Shafi`iyyah scholars, namely Abu Ishaq as-Syairazi and Sheikh Zakaria al-Ansari and then compared them using content analysis techniques. This analysis aims to understand deeply and critically about the contents of the fatwa relating to the issue. The data used are generated from reading fiqh books, both classical and contemporary, focused on the fatwas contained in the works of the two scholars above. The data is collected and then used as a legal comparison. in legal istinb?th, both Zakaria al-Ansari and Abu Ishaq as-Syairazi followed Imam Shafi`i in the process of selecting the arguments as well as the methods used. In the discussion of istibd?l waqf, the argument used is the hadith narrated by Ibn Umar about waqf by Umar ibn Khattab and the provisions contained therein. However, there are differe...
Al-Jabiri’s thought, one of prominent thinkers of Islamic reform, considered as one with origin... more Al-Jabiri’s thought, one of prominent thinkers of Islamic reform, considered as one with original ideas. His two main ideas, namely turats and hadatsah and epistemological critique of Islam (Arabic) is considered unique, despite the criticism leveled by some thinkers. The idea of turats and hadatsah emphasis on more comprehensive reading on turats accompanied by a more productive reading. His criticism on the epistemology of Islam (Arabic), which departed from the mapping of Arabic reason, is very popular; Bayani-Burhani-Irfani. These Al-Jabiri’s ideas, especially about turats and hadatsah, are inspiring this article. It can be used as a telescope to look at Pesantren tradition that became the basis of Al-Qolam tradition as well as its area of concern contained in its vision "to be the best Research Islamic Unibersity Based on Pesantren in East Java in 2030". Turats reading and methods of reading on turats initiated by Al-Jabiri could be adopted by Al-Qolam in defining...
This research focuses on Islamic boarding school (pondok pesantren) as religious tourism destinat... more This research focuses on Islamic boarding school (pondok pesantren) as religious tourism destination. Religious tourism is an important part of the international tourist market, including in Indonesia. Indonesian government has realized the role of this kind of tourism in economic development. Hence, every intake has been being taken to develop it, including promoting new destinations. One of them is pondok pesantren (Islamic boarding school) because it’s a unique subculture. Pondok Pesantren Biharu Bahri ‘Asali Fadlail al-Rahmah, which is located in Malang East Java, is one of them. It has luxurious, artistic as well as unique building. It’s also accused as deviationist. The main questions are the motivation of constructing the building, the process of the construction, and the effects of becoming the destination of tourism on the existence of Pondok Pesantren Biharu Bahri ‘Asali Fadlail al-Rahmah. The main motivation of the construction was ‘da’wah’ through building instead of wo...
Kartini is one of the great figures in history who is often simply and arbitrarily simplified as ... more Kartini is one of the great figures in history who is often simply and arbitrarily simplified as a figure of female emancipation. Yet when it is understood in detail in her life history, then the spirit of heroism is seen extraordinary, not only for women, but for humans and humanity in general. This article attempts to read the phases of Kartini's thoughts and actions through reading her letters to her correspondent friends. From these letters, it was read that there was a very human process in Kartini's life journey: from a liberal and radical figure, to a down-to-earth warrior figure. This transformation process certainly occured because of the influence of the environment she had faced. External literature that supports the reading of this transformation becomes urgent to get a more comprehensive understanding.
Sambas conflict in 1997 and 1999 caused big number of refugees, mainly Madureses, which spread in... more Sambas conflict in 1997 and 1999 caused big number of refugees, mainly Madureses, which spread in various regions. Many young refugees were sheltered at Islamic boarding schools (pondok pesantren), especially in East Java. They usually got special treatment, from financial dispensation to psychological assistance. One pondok pesantren accommodating the Victims of Sambas conflict was Raudlatul Ulum 1 Ganjaran Gondanglegi Malang. Although it did not have particular program to handle those young victims, a number conflict victims were found. The research problems are formulated as follows: (1) how is the Sambas conflict victims’ perception on multiculturalism at Islamic boarding School Raudlatul Ulum 1; (2) what is the role of the boarding school in the formation of their perception on multiculturalism? It is a field research with qualitative approach. This research resulted that the conflict which the victims had experienced in Sambas had provided deep trauma, especially psychologic...
The focus of this research is about the pattern of relationships that are built in the households... more The focus of this research is about the pattern of relationships that are built in the households resulting from early marriage among the santri community in three villages in Gondanglegi District, Malang Regency, namely Ganjaran, Putukrejo and Sukosari - three villages with the strongest pesantren base in Gondanglegi region. The starting point is the strengthening of the assumption that early marriage is one of the main causes of domestic violence - where women are always victims, divorce and even trafficking in women and children. The study using this phenomenological approach concluded that the pattern of relationships built in the households resulting from early marriage of the santri community does require an adaptation process, from submission to agreement, with the uniqueness of each partner. However, the households they cultivate persist and last normally as households in general. The teachings of religion and the social values about household that they hold firm, as part ...
Penelitian ini merupakan penelitian lapangan yang bersifat deskriptif kualitatif. Penelitian ini ... more Penelitian ini merupakan penelitian lapangan yang bersifat deskriptif kualitatif. Penelitian ini berlokasi di beberapa Kampus di Kota Malang.Subjek dari penelitian ini adalah suami, istri dan wali muhakkam. Objek penelitian ini praktik pernikahan dengan wali muhakkam. Teknik pengumpulan data yang digunakan adalah dokumentasi dan wawancara. Yang menjadi data ini ialah praktik pernikahan dengan menggunakan wali muhakkam, adapun sumber data adalah informan yaitu suami istri yang melakukan pernikahan dengan menggunakan wali muhakkam. Hasil penelitian ini menunjukkan bahwa: Praktik pernikahan dengan menggunakan wali muhakkam di kalangan mahasiswa ini dengan cara mengangkat orang yang dianggap mengerti tentang hukum-hukum menjadi wali dalam pernikahan.Motivasi para mahasiswa menikah menggunakan wali muhakkam yang paling inti adalah menghindari dosa besar dari perzinahan dan dampak dari pernikahan wali muhakkam adalah tidak ada, hanya saja dampak moral sosial karena ketidak fahaman masyara...
Sambas conflict in 1997 and 1999 caused big number of refugees, mainly Madureses, which spread in... more Sambas conflict in 1997 and 1999 caused big number of refugees, mainly Madureses, which spread in various regions. Many young refugees were sheltered at Islamic boarding schools (pondok pesantren), especially in East Java. They usually got special treatment, from financial dispensation to psychological assistance. One pondok pesantren accommodating the Victims of Sambas conflict was Raudlatul Ulum 1 Ganjaran Gondanglegi Malang. Although it did not have particular program to handle those young victims, a number conflict victims were found.
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