Makalah 3
Makalah 3
Makalah 3
Arranged by :
NURSING MAJOR
TANGERANG
2023
FOREWORD
All praise and thanks go to the presence of Allah who has given wisdom,
guidance, health and longevity so that this paper entitled "Law in the Context of
Islam" can be completed. We also thank Dr. Iriawan, S.Pd.I, M.Pd.I. In this paper
we will discuss the issue of "Law in the Context of Islamic Religion" which gives
this assignment for learning and assessment for this Religion course. Because it is
very important for us to know what is Law in the Context of the Islamic Religion.
We are fully aware that this paper is far from perfect. Therefore, we expect
criticism and suggestions that can build towards perfection from readers for the
perfection of our next paper.
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LIST OF CONTENTS
FOREWORD....................................................................................................................ii
LIST OF CONTENTS....................................................................................................iii
CHPTER I........................................................................................................................4
INTRODUCTION........................................................................................................4
A. Background..........................................................................................................4
B. Problem Formulation..........................................................................................5
C. Purpose.................................................................................................................5
CHAPTER II....................................................................................................................6
DISCUSSION...............................................................................................................6
A. Understanding of Law in the Context of Islam..............................................6
B. Types of Laws in Islam.....................................................................................8
C. The Purpose of the Legal System in the Context of the Islamic Religion.....9
D. Legal Characteristics in the Context of Islamic Religion............................11
E. Basic Principles of Islamic Law.....................................................................15
CHAPTER III................................................................................................................19
CLOSING...................................................................................................................19
A. Conclusion.......................................................................................................19
B. Suggestion.......................................................................................................19
BIBLIOGRAPHY..........................................................................................................20
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CHPTER I
INTRODUCTION
A. Background
Islamic law is the law revealed by Allah SWT. Rules in Islamic law are
rules that were outlined by Allah through the Prophet Muhammad and must be
followed by Muslims based on their faith and relationship with Allah SWT.
The basics of Islamic law are explained and detailed by the Prophet
Muhammad as contained in the Al-Qur'an and Hadith or As-Sunnah. These
two sources are the Al-Qur'an and As-Sunnah which are then used as the basis
for managing relationships between humans and also between humans and
other creatures of God.
Socially and culturally, Islamic law is a law that is adjacent to and is deeply
rooted in the culture of society. The status of Islamic law in Indonesia has
become an inseparable part of the daily life of Islamic society in Indonesia. So
when Islamic law comes into contact with social reality in society, so does the
knowledge that underlies it. From this, the science of sociology is important in
order to be able to see and examine the social changes that exist in society
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B. Problem Formulation
1. What is meant by law in the context of Islam
2. What are the types of types of law in Islam
3. What is the purpose of the legal system in the context of the Islamic religion
4. What are the characteristics of the law in the context of Islam
5. What are the Basic Principles of Islamic Law
C. Purpose
1. Understanding Mthe meaning of the law in the context of the Islamic
religion
3. Knowing What Are the Purposes of the Legal System in the Context of the
Islamic Religion
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CHAPTER II
DISCUSSION
Sharia is based on two main sources, namely Al-Quran and Hadith. Al-
Quran is the holy book for Muslims which is considered as a direct revelation
from Allah to the Prophet Muhammad.
1. Al-Quran The first source of Islamic law is the Al-Quran, a Muslim holy
book which was revealed to the last prophet, namely Prophet Muhammad
SAW through the Angel Gabriel. Al-Quran contains contents that contain
commands, prohibitions, recommendations, Islamic stories, provisions,
wisdom and so on. The Al-Quran explains in detail how humans should live
their lives in order to create a society of noble character. Therefore, the
verses of the Koran are the main basis for establishing a Shari'a.
2. Al-Hadith The second source of Islamic law is Al-Hadith, namely
everything that is based on the Prophet Muhammad. Both in the form of
words, behavior, his silence. In Al-Hadith there are rules detailing all the
rules that are still global in the Koran. The word hadith which has
experienced an expansion of meaning so that it is synonymous with sunnah,
can mean all the words (sayings), deeds, provisions or agreements of the
Prophet Muhammad which were made into provisions or Islamic law.
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3. Ijma The agreement of all mujtahid scholars at a time after the time of the
Prophet regarding a matter in religion and ijma that could be accounted for
was what happened in the time of the companions, tabiin (after tabiin).
Because after their time the scholars had dispersed and there were many of
them, and there were more and more disputes, so it cannot be certain that all
the scholars had agreed.
4. Qiyas The fourth source of Islamic law after the Koran, Al-Hadith explains
something for which there is no textual argument in the Koran or hadith by
comparing something similar to something the law wants to know. This
means that if a text has shown the law regarding a case in the Islamic
religion and it has been known through one of the methods to find out the
legal problem, then there is another case that is the same as the case in
which the text has that matter too, then the case law is equated with existing
case law.
Islamic law covers various aspects of life, including worship, family law,
criminal law, commercial law, inheritance law, and so on. Some important
principles and rules in Islamic law include:
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among scholars and religious authorities regarding the interpretation and
application of Islamic law in different social and cultural contexts.
In ushul fiqh, syar'i law is defined as the khitab (kalam) of Allah relating to
all the deeds of the mukallaf, whether in the form of iqtidha' (orders,
prohibitions, recommendations to do or leave), takhyir (choosing between
doing and not doing), or wadh 'i (a provision that establishes something as a
cause, condition, or obstacle/semen')
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must understand is God's rule. All Divine rules in all forms of laws of human
life are contained in complete explanations in the hadith of the Prophet SAW.
The following are various types of Islamic law:
1. Must
Compulsory is something that if done will get a reward and if left out will
be punished. Examples of actions that are obligatory are the five daily
prayers, wearing the hijab for women, fasting, performing the pilgrimage for
those who can afford it.
2. Sunnah
Sunnah is an act that religion demands to do but the demands do not reach
the level of obligatory or simply an act that if done will get a reward and if
abandoned will not get torture or punishment. Examples of actions that have
sunnah law are prayers that are performed before/after obligatory prayers,
reciting the Prophet's blessings, giving out alms and so on.
3. Unlawful
Haram is something that if done will definitely get torture and if abandoned
will get a reward. Examples of actions that have unlawful laws are
committing adultery, drinking alcohol, gambling, stealing, corruption and
many more.
4. Makruh
Makruh is an act that is felt if leaving it is better than doing it. Examples of
this makruh act are eating onions, smoking and so on.
5. Change
Mubah is an act that is permitted by religion between doing it or leaving it.
Examples of mubah are sports, running a business, breakfast and so on.
C. The Purpose of the Legal System in the Context of the Islamic Religion
Purpose of the Islamic Legal System The sources of Islamic sharia law are
the Al-Quran and Al-Hadith. As laws and provisions revealed by Allah SWT,
Islamic Shari'a has set lofty goals that will safeguard human dignity, namely as
follows.
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1. Maintenance of offspring Islamic sharia law forbids free sex and requires
sanctions for those who do it. This is to preserve and maintain lineage.
Thus, a child born through the legal way of marriage will get his rights
according to the lineage from his father.
2. Maintenance of reason Islamic law forbids anything that can intoxicate and
weaken the memory, such as liquor or alcohol and drugs. Islam encourages
every Muslim to seek knowledge and develop his thinking skills. If his mind
is disturbed by binge drinking, his mind will be weak and his thinking
activity will be disturbed.
3. Maintenance of the glory of Islamic Sharia regulates issues regarding
slander or accusations and forbids talking about other people. This is to
maintain the glory of every human being so that he avoids things that can
tarnish his good name and honor.
4. Care for the soul Islamic law has prescribed sanctions for killing, against
anyone who kills someone without a good reason. In Islam, human life is
very valuable and should be protected.
5. Maintenance of assets Islamic law has stipulated sanctions for cases of theft
by cutting off the hands of the perpetrators. This is a very severe penalty to
prevent any temptation to trespass on other people's property.
The concepts that must be known and understood by a Muslim are shari'ah,
fiqh, and qonun.
According to Hasbi As-Shiddieqy, shari'a means the path where the springs
come out or the path through which the waterfall passes, which is associated by
the Arabs as at-thhariqah al-mustaqimah. In terms of terminology, sharia
means the rules or laws that Allah has prescribed for His servants to follow
(Qs. Al-Jasiyah: 18). Fiqh, according to Fathurrman Djamil, is a strong
assumption reached by a mujtahid in his quest to find God's law. Fiqh has a
relationship with syara' laws which are practical in nature which are based on
detailed arguments. Meanwhile qonun is usually interpreted as a law. Scholars'
salaf define it as rules that are kully (comprehensive) in which juz'iyyah laws
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(parts thereof) are included. Qonuns are generally made by the ruling
government.
Shari'ah, fiqh and qonun are different. The teachings of shari'a are found in
the Qur'an and hadiths which cannot change their text, are fundamental, eternal
because they are the decrees of Allah and the Prophet Muhammad, the only
one which shows the concept of the unity of Islam. Whereas fiqh and qonun
are products of human understanding that explore laws in the Qur'an and
hadith, are instrumental in nature, change according to time, era and
circumstances. The reality is as we know today, where fiqh and qonun legal
products tend to vary according to very diverse schools of thought. We can see
these differences in comparative fiqh books.
1. The Origin of Islamic Law Is Different From The Origin of Common Law.
The most fundamental difference between Islamic law and Western law is
that the concept of Islamic law is what is explained by God's revelation.
Where Islamic law is based on the revelation of Allah. This source is then
translated into the revelation of Allah (al-Quran). The laws created by
humans are very different from the laws that come from Allah.
Jurists are bound by the Qur'an and Sunnah as long as texts are found in
them. When these two sources cannot find these foundations, the jurists will
carry out ijtihad to find foundations that have not been found in the Al-
Quran and Sunnah.
Common jurists continually study statutes and interpret the texts chapter
by chapter, assuming that the law contains everything pertaining to its
content. Therefore, when jurists agree that legal texts contain all legal
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principles without missing anything, jurists have no choice but to discuss
and interpret the texts chapter by chapter.
2. Replies to Islamic law are found in this world and the hereafter.
What is contained in the law is only that it contains worldly sanctions that
can be measured by how long a person will serve these sanctions. There are
no provisions in the law that will impose sanctions in the afterlife. Islamic
law promises rewards when we comply with all the rules that have been
made by Allah and will get punishment in this world and the hereafter when
carrying out its prohibitions. Sanctions in the afterlife are certainly much
heavier than sanctions in this world. Therefore, believers feel they have a
strong soul urge to carry out all Islamic laws by obeying orders and staying
away from all prohibitions. Laws that are based on religion have the goal of
realizing the welfare of both individuals and society. Therefore, the law will
not establish a rule that would conflict with the will of both. The essential
characteristics of Islamic law do not only aim for individual safety and
happiness, but also for the benefit of society. as we have found in the Koran,
Sunnah, and the decisions of the scholars through ijtihad. It is very different
from the laws that have been created by humans who generally have
individual tendencies, where as a result the laws that are created cause
conflicts between individuals when the interests of the individuals differ. as
we have found in the Koran, Sunnah, and the decisions of the scholars
through ijtihad. It is very different from the laws that have been created by
humans who generally have individual tendencies, where as a result the
laws that are created cause conflicts between individuals when the interests
of the individuals differ. as we have found in the Koran, Sunnah, and the
decisions of the scholars through ijtihad. It is very different from the laws
that have been created by humans who generally have individual tendencies,
where as a result the laws that are created cause conflicts between
individuals when the interests of the individuals differ.
3. Islamic law can develop according to environment, time and place.
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The law requires development to survive amidst differences in time and
place. Otherwise, the law will die and cannot survive. Islamic law has a
dynamic nature that makes it survive and develop with the times
(Muhammad Yusuf Musa, 1988: 172). Because the rules of Islamic law are
not limited in its application to certain people and times. The principles of
Islamic law are general rules that apply to every time, place and class. It has
been proven in history that Islamic law has been in effect since it was first
revealed to the earth until now. Even when various changes occur, Islamic
law still exists and applies to all times and places. Islamic law is elastic
which covers all fields and reaches all human life. humanitarian problems,
physical and spiritual life, the relationship between humans and God, the
relationship between fellow creatures, as well as the teachings of the world
and the hereafter are contained in the teachings of Islamic law. Islamic law
also pays attention to various aspects of life, both in the fields of worship,
muamalah, and other fields (Manna 'al-Qaththan, 2001: 21; Fathurrahman
Djamil, 1997: 47). The dynamics of Islamic law can be seen in the Koran
and Sunnah which are not limited to a particular time and place. In QS Saba'
(24): 28 and QS al-Anbiya' (21): 107, for example, Allah confirms that the
Prophet Muhammad as the messenger of Islam was sent to all humans on
this earth. In addition, in Islamic law there is a legal source that guarantees
this dynamic, namely ijtihad with various methods, such as ijma', qiyas,
istihsan, maslahah mursalah, and others. With this method, Islamic law
continues to exist in the midst of the rapid development of the times.
Because there is not a single problem in this world that cannot be solved by
Islamic law. Islamic law aims to guarantee happiness through laws that have
been given by Allah SWT.
The purpose of positive law appears to be pragmatic and limited, that is, it
only enforces order in society in a certain way. This goal is highly desired
by legislators, although sometimes they force it to deviate from existing
rules. Islamic law has certain things that are not touched by positive law at
all, which regulates the individual's relationship with his God. The
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principles of Islamic law as above are then poured into many formulations
which are then called the principles of Islamic law (al-qawaid al-fiqhiyyah).
These rules can be applied at any time, anywhere and anytime. From this it
can also be seen that Islamic law has a comprehensive goal that involves all
mankind.
4. Islamic law is ta'aqquli and ta'abbudi in nature
This characteristic is related to two fields of study of Islamic law, namely
worship and muamalah. In the field of worship, there are ta'abbudi values,
or ghairu ma'qulat al-ma'na (irrational), namely that the provisions of
worship must be in accordance with what has been prescribed, even though
reason is unable to reach them. Ijtihad cannot be carried out in matters of
worship. For example, the parts that must be covered with water when a
person performs ablution are as determined by the Koran, namely the face,
two arms up to the elbows, part of the head, and two feet up to the ankles.
Ijtihad cannot do these parts by adding or reducing the parts of the body that
will be exposed to water, although sometimes a rational reason cannot be
found. Whereas in the field of muamalah there are ta'aqquli or ma'qulat al-
ma'na (rational) values, that is, the provisions of muamalah are acceptable
and accessible to reason. In the field of muamalah, ijtihad can be applied
(Fathurrahman Djamil, 1997: 51). For example, buying and selling
transactions that used to be carried out with a consent form between the
seller and the buyer with a statement to sell and buy goods and a certain
price, with current developments can be replaced by placing price tags on
the goods you want to trade somewhere. Each buyer who chooses the item
to be purchased simply brings the item to be purchased and submits it to the
cashier to make payment. The cashier is the place to make a consent form
between the seller and the buyer, even though the type of goods and price to
be purchased are not stated, because the seller and buyer have mutually
agreed. Those are some of the characteristics of Islamic law that distinguish
it from other man-made laws. With such characteristics, in fact there is no
concern for anyone to apply Islamic law anywhere and anytime. The general
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goal to be achieved by Islamic law is not for the welfare of individuals and
groups, but for the benefit of humanity as a whole, without being limited by
religion, language, and certain ethnic groups. To complete the description
here, it is necessary to add the basics or principles of Islamic law. In this
case Muhammad Yusuf Musa (1988: 180-190) put forward three basic
principles of Islamic law, namely: The general goal to be achieved by
Islamic law is not for the welfare of individuals and groups, but for the
benefit of humanity as a whole, without being limited by religion, language,
and certain ethnic groups. To complete the description here, it is necessary
to add the basics or principles of Islamic law. In this case Muhammad Yusuf
Musa (1988: 180-190) put forward three basic principles of Islamic law,
namely: The general goal to be achieved by Islamic law is not for the
welfare of individuals and groups, but for the benefit of humanity as a
whole, without being limited by religion, language, and certain ethnic
groups. To complete the description here, it is necessary to add the basics or
principles of Islamic law. In this case Muhammad Yusuf Musa (1988: 180-
190) put forward three basic principles of Islamic law, namely:
1. Not difficult and burdensome
2. Pay attention to human well-being as a whole
3. Realizing justice as a whole.
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Hajj (22): 78; QS al-Fath (48): 17; QS al-Baqarah (2): 185; and QS al-Nisa'
(4): 28. From these verses it can be seen that Allah knows the level of health
and illness, human strengths and weaknesses, and raises the difficulties of
all humans in general and from people who are sick and affected by
disasters in particular. There is a lot of evidence that shows the removal of
these difficulties, some in the field of worship and some in the field of
muamalah. In the field of worship, it can be seen that the loading of the
Koran makes it easy to carry out without any difficulties and fatigue. For
example, provisions are allowed to jama' and perform qashar prayers when
someone is traveling, it is permissible not to fast when sick and traveling,
and obligatory zakat and pilgrimage with certain conditions. In the field of
muamalah, convenience is often found throughout. There are no official or
formal rules to be followed for a contract to be valid. The most important
thing in this case, there is willingness between the two parties who do the
contract. In the field of law, this facility is also clearly visible. Allah did not
give many of the heavy burdens and harsh punishments that were once
imposed on the Jews as a reward for their wrongdoings. The believers are
given broad mercy and are invited to atone for their sins by repenting. Good
food is lawful for them and bad and loathsome food is forbidden for them.
2. Islamic law pays attention to the welfare of humanity as a whole. The main
objective of Islamic law is to achieve true welfare for all human beings,
without any distinction between race and nation, even religion. In this case
al-Syathibi said: "With inductive research we know that Allah intends to
bring about the welfare of His servants." Muamalah laws are made in line
with that intention. One transaction is prohibited at one time because there is
no benefit and at another time it is allowed because it contains benefits. Like
one dirham may not be sold for one dirham, but may be owed. Likewise, it
is not permissible to sell wet fruit with dry fruit (such as dates – for
example), because it is only fraud and useless usury, but buying and selling
is permissible if there is a real benefit. And so on ...” (in Muhammad Yusuf
Musa, 1988: 186). 14 Community considerations are the basis for
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determining laws. Hasbi Ash Shiddieqy noted that law enforcement is
always based on three main principles, namely:
1) laws are enacted after society needs them;
2) laws are stipulated by a power which has the right to establish laws and
subject society to its stipulations;
3) laws are determined according to the degree of need (Ash Shiddieqy,
1980: 19).
These five things are at the same time the goal of establishing law in
Islam.
3. Islamic law embodies justice equally. Islam views all human beings as
equal. There is no difference between people before the law. Differences in
degree, rank, wealth, ethnicity, language, and even religion cannot be used
as an excuse not to act unfairly. Al-Quran surah al-Maidah (5): 8
emphasizes the prohibition of being unjust (unjust) to a people because it is
driven by hatred. There are many other verses in the Koran which order
justice to be accompanied by reward and forbid wrongdoing to be
accompanied by punishment, and provisions like these are also found in the
Sunnah. From the verses above, it can be seen that the desire of the Koran is
to uphold justice and not to ignore it, even though this requires giving
testimony against ourselves or those close to us. even hatred of a people
should not encourage someone to do injustice to them. While in the Sunnah
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it can be seen that the Prophet did not distinguish one nation from another.
The difference is only based on the level of one's piety.
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CHAPTER III
CLOSING
A. Conclusion
The law that Islamic law is a set of norms or regulations originating from
Allah SWT and the Prophet Muhammad SAW. to regulate human behavior in
the midst of society. In shorter sentences, Islamic law can be interpreted as
law that originates from Islamic teachings. Law can be interpreted as a set of
rules and civil law is defined as those governing rights, property and relations
between people on the basis of logic or material things. Islamic law is law
that originates from and is part of the Islamic religion. Unlike other laws,
Islamic law is not only the result of human thought which is influenced by
their culture, but the basis is determined by Allah through His revelation and
explained by the Prophet through his sunnah.
B. Suggestion
In makingPaperthere may still be errors, so we expect criticism from readers
so that the paper we make is better and more perfect.
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BIBLIOGRAPHY
Ali, Mohamad Daud. 1996. Islamic Law: Introduction to Law and Legal Studies
Abd Shomad, 2010. Islamic Law: Normalization of Sharia Law Principles in Law
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