Academic literature on the topic 'Islamic law, indonesia, ijtihad, Nahdlatul Ulama'

The term Islam Nusantara has created pros and cons among Islamic leaders in Indonesia. For Nahdlatul Ulama (NU), Islam Nusantara is not a new teaching or sect in Islam, so that there is no need to worry. Meanwhile, other groups think that the term Islam Nusantara will reduce the universal of Islam. Therefore, this study focuses on how NU’s concept of Islam Nusantara and how the epistemological construction of Islam Nusantara and its application. This study found that Islam Nusantara is Islam practiced in Indonesia with the epistemological basis of maqāşid al-sharīa, manhaj al-fikr ahl al-sunnah wa al-jamā’ah, and al-‘urf. The epistemological foundation resulted in the typical ijtihad of Islam Nusantara. In the field of constitutional law, the results of the ijtihad Islam Nusantara gave birth to the concept that Indonesia is a peaceful country (dār al-şulḥ or dār al-salām). Meanwhile, in social, cultural, and religious realms, the epistemology of Islam Nusantara gave birth to the tradition of halal bi halal and tahlilan. In the circumstances of fiqh, there are several results of ijtihad, such as imsāk (holding all things that may breakfast 10 minutes before Shubuh prayer).Term Islam Nusantara telah menimbulkan pro dan kontra di kalangan para tokoh Islam di Indonesia. Bagi Nahdlatul Ulama (NU), Islam Nusantara bukanlah ajaran atau sekte baru dalam Islam sehingga tidak perlu dikhawatirkan. Sedangkan kelompok lain menilai, istilah Islam Nusantara akan mereduksi Agama Islam yang universal. Oleh karena itu, penelitian ini akan difokuskan pada bagaimanakah konsep NU tentang Islam Nusantara dan bagaimana pula kontrusksi epistemologis Islam Nusantara serta penerapannya. Penelitian ini menemukan bahwa Islam Nusantara adalah Islam yang dipraktikkan di Indonesia dengan landasan epistemologis al-maqāşid al-sharī’ah, manhaj al-fikr ahl al-sunnah wa al-jamā’ah dan al-‘urf. Landasan epistemologis tersebut melahirkan hasil ijtihad khas Islam Nusantara. Pada ranah ketatanegaraan hasil ijtihad Islam Nusantara melahirkan konsep Indonesia adalah negara damai(dār al-şulḥ atau dār al-salām). Sedangkan dalam ranah sosial, budaya dan keagamaan, epistemologis Islam Nusantara melahirkan tradisi halal bihalal, tahlilan. Dalam masalah fiqh muncul beberapa hasil ijtihad seperti imsāk (menahan semua hal yang membatalkan puasa 10 menit sebelum adzan shubuh).

Islamic law or fiqh is ineffective in responding to legal problems that are happening in society if the tools of the ijtihad or istinbāṭ al-aḥkām process are ignored. The rule “changes in law due to changes in times, places, and conditions” emphasizes the development of law. Therefore, the development of the istinbāṭ al-aḥkām methodology and reforms need to be carried out to be able to accommodate human problems as logical demands in the reality of life. This study examines the dynamics of making legal decisions by Nahdlatul Ulama (NU) in responding to contemporary problems in Indonesia. With a qualitative approach and library research, researchers will examine various sources, both primary and secondary, contained in various decisions of the National Deliberation and NU General Conference, journals, books and other research results. The 1992 National Deliberation in Bandar Lampung was the basic foundation of the law-making system for NU, it was explained that the law-taking procedure was within the framework of being based on one of the four agreed schools of thought and prioritizing the Qauli school of thought. If it is not found either qauliy or ilhaq, then it is carried out according to the Manhajiy school of thought. The next generation of Ulama make explanations (syarah) in stages, at the 2015 Muktamar deciding on the istinbāṭ Jamā'iy Mechanism, the 2017 National Deliberation deciding on the Taqrīr and Ilhāq Jamā'i Mechanisms, and the 2021 National Conference deciding on the istinbāṭ Maqashidi Mechanism or istinbāṭ Istishlahi . From these dynamics, it is emphasized that NU has a moderate principle where the law continues to develop and strengthens that Islamic law is flexible, elastic and dynamic so that it is adaptive to space and time.

This article examines the influence and challenges of fiqh al-muwatanah in Indonesia. The discussion of this article focuses on a description of the pros and cons of the al-muwatinun concept offered by Nahdlatul Ulama (NU) and the challenges faced in implementing it. The method used is a literature study with a historical and comparative approach, then analyzed using content analysis. The research findings show that al-muwatinun as a socio-political concept is a new term that will not be found in the treasures of classical Islamic thought. Al-muwatinun is a product of NU ulama's ijtihad as a response to the strengthening of takfiri in Indonesia. Al-muwatinun contains values and teachings about equality, justice, and equality is a continuation of the mission brought by al-muwatinun to form a tolerant and peaceful society by eliminating the mention of infidels non-Muslims. All Indonesian people have the same status, whether Muslim or non-Muslim, and there is no majority or minority. Al-muwatinun is a form of fiqh typical of the archipelago. This idea has been started by previous Muslim thinkers who tried to contextualize Islamic law in Indonesia. On the other hand, the al-muwatinun concept shows NU's consistency in guarding the Unitary State of the Republic of Indonesia (NKRI).

This article discusses how Fiqh Nusantara, an Islamic jurisprudence in Indonesia was formed and formulated. Data were obtained through library research, classic literature commonly used in Islamic boarding schools, fatwas of the Indonesian Council of Ulama, Nahdlatul Ulama, and Muhammadiyah. The Fiqh Nusantara contextualization in Indonesian locus – known as Fiqh Nusantara– is posed from distinctive genealogy and characteristics compared to Fiqh that has developed in the Middle East. One of the characteristics of Fiqh Nusantara is that it has strengthened the unity of the Republic of Indonesian as indicated by its various contributions in the national legal system. Additionally, it has been resulted in a dialogical process in which many fatwas developed and lived in the community. It is responsive to recent developments of fiqh and it is not derived from one school of thought. It is created through collective efforts (collective ijtihad) in the form of fiqh which is open to variety of opinions. However, Fiqh Nusantara as an Islamic law in Indonesia has not yet penetrated the domain of mahdlah (sincere worship to the God). For Fiqh Nusantara activists, it was only applicable to the changing domain of fiqh (mutaghayirat) and not to the fixed domain of fiqh (tsawabit).

Mathla’ul Anwar was established in 1916 by several Bantense kiyais, an Indonesian term used to attribute religious teachers, including KH. Tubagus Muhammad Sholeh, KH. Entol Muhammad Yasin, KH. Mas Abdurrahman, KH. Abdul Mu’thi and others Mathla’ul Anwar is one of the largest Muslim associations in Indonesia along with Nahdlatul Ulama or NU (mostly seen as the most prominent representative of the “traditionalist” Muslim groups established by several pesantren leading religious teachers in 1926 and Muhammadiyah (the largest group of the modernist or reformist Muslims established in 1912). KH. Uwes Abu Bakar wrote several treatises and books, including Al-Waqud, Targhibul Atfal, Surat Imam Malik kepada Harus AlRasyid dan Wazirnya, Tuntunan Bergaul and Bermasyarakat, and Ishlahul Ummmah Fi Bayani Ahli Sunnah Waljamaah. KH. Uwes divided Islamic law into two parts, (ibadah) divinely based ritual that was immune from changes and muamalah that was a result of human interpretation and was vulnerable to changes. He viewed that all products of ijtihad of ulama should be included into the latter part. The diversity of those products of thought was natural as every human had his own method of interpretation as well as his conclusion. At the same time, as a mankind, those ulama were also not immune from making errors. Critical attitudes were highly required in order to adhere or reject certain religious opinions of ulama. Since the focus of the study is Mathla’ul Anwar, I would like to focus on the impacts of this religious renewal towards members ofMathla’ul Anwar. To view the impacts of this religious renewal, it is important to highlight the succeeding developments of religious thought within Mathla’ul Anwar after the publication of the book. There were at least three general features of religious thought growing in Mathla’ul Anwar in 1970s

Indonesia is the one of democracy country and has principle of believe in the One Supreme God. Refer to it, there are some roles or the bills created based on Islamic Law, such as Marriage Law, Heritage Law, Waqf Law and Criminal Law. In apply, Islamic Low usually face the normative situation and the increasing of human need and thinking. So, it is required to be able to adjust or create new form to fulfill both of interest. In this case, it can be seen at product law or fatwa created by Indonesian Council Of Ulama (MUI) which integrated based on community’s need. However, disconnected between structure and function of law caused by political performance. Historically, Islamic Law in Indonesia was influenced by social-culture aspect, it marge with Islamic thinking and characteristic such as Fiqh Book, Islamic roles in Muslim’s country, judgment or verdict, or the roles (fatwa) which is created by Ulama. So, namely Islamic Law is the pure of Islamic thinking which produced by Ulama integrated with the social environment. Although, al-Quran dan al-hadits have the roles also to be law, but there are many problems that need to solve using the law’s guide. To solve that problems, Ulama do ijtihad and think hard to get out problem solving. Finally, Ulama use their mind to fulfill the emptiness law, so the result is the product of thinking law as now as.

Nahdlatul Ulama (NU), as one of the pillars of Indonesian Muslim Organization who participated in formulating a national consensus of Indonesia as a nation state, is known to have a moderate credo of Islam and capable of maintaining harmony and continuity of life of the Indonesian nation state. However, in line with the increasing threat of transnational Islamic forces that bring radical ideas and even terrorism in the people and the nation, the challenges faced by Indonesia is not only a threat to social harmony that has been established, but also his destiny as a country describes nation-state. This paper explains NU’s approach toward Islamic law which is called fiqhi approach in deciding Indonesia as a nation state; NU consistency with these choices so that believes that the Unitary Republic of Indonesia (NKRI) is the final form of the struggle of Indonesian Muslims; and its ability to use fiqhi approach to address the threat to the nation of Indonesia.

In recent decades, Islamic educational institutions have been widely established in Indonesia. More importantly, these Islamic educational institutions have affiliations with Islamic organizations such as Muhammadiyah, Nahdlatul Ulama, Nahdlatul Wathan in Lombok and even transnational Islamic organizations such as salafis. This study is focused on searching and analyzing to find a balance between the development of creativity and the ideological doctrine that exists in the body of Islamic education affiliated with Islamic organizations. The research method used is library research or literature study with a philosophical approach. This research proves that: (1) creativity finds its form in the ijtihad space as an effort to produce new perspectives; (2) embedded religious ideology contained in the curriculum taught in Aswaja and NU's Education, Al-Islam and Kemuhammadiyahan, NW's, and salafi management; (3) Islamic education is not only limited to the doctrination of religious idoelogi alone.

The debate on bank interest law has become an interesting topic for various parties to discuss. Among Nahdlatul Ulama Islamic scholars, bank interest law has been reviewed and debated in various Islamic boarding houses (pesantren). If the Islamic scholars have agreed on the prohibition of usury, but there is no agreement that ensures the bank interest law. Various differences continue with various arguments using the typical rules of the pesantren, called istinbath hukum. Nahdlatul Ulama. as one of the religious and social community organizations that has a majority of followers in Indonesia, has a concern on discussing and determining the law. In meeting economic needs, Muslims also intersect with interest-based banking, even more broadly the activities of the Hajj and Umrah pilgrimage which are also using bank services. Nahdlatul Ulama has a method for determining a specific law based on the pesantren tradition which has been agreed as a standard method in the Lajnah Bahtsul Masail. This paper aims to explain the istinbath Hukum used to determine bank interest law, and the bank interest law stipulation in Nahdlatul Ulama.Perdebatan hukum bunga bank menjadi topik yang menarik berbagai pihak untuk mendiskusikannya. Di kalangan ulama Nahdlatul Ulama. hukum bunga bank telah dikaji dan diperdebatan di pesantren-pesantren. Jika ulama telah menyepakati keharaman riba, namun belum ada satu kesepakatan yang memastikan satu hukum bunga bank. Berbagai perbedaan terus berlangsung dengan berbagai argumentasi dengan menggunakan kaidah-kaidah khas pesantren yaitu istinbath hukum. Nahdlatul Ulama. sebagai salah satu organisasi masyarakat keagamaan dan sosial yang memiliki mayoritas pengikut di Indonesia sangat berkepentingan untuk membahas dan menentukan hukumnya. Umat Islam dalam memenuhi kebutuhan ekonomi juga bersinggungan dengan perbankan berbasis bunga, bahkan lebih luas lagi kegiatan peribadatan ibadah haji dan umroh terlepas juga menggunakan jasa bank. Nahdlatul Ulama memiliki metode untuk menentukan hukum yang khas berdasarkan tradisi pesantren yang telah disepakati sebagai metode baku dalam Lajnah Bahtsul Masāil. Tulisan ini bertujuan untuk mengurai istinbath hukum yang digunakan untuk menentukan hukum bunga bank, dan ketetapan hukum bunga bank di Nahdlatul Ulama.

This article examines NU which is an organizational structure among Muslims who have trends in applying Islamic law. One of the foundations of the Nahdlatul Ulama in establishing Islamic law has never been separated from the context of the Qur'an, Hadith, Ijma 'of the Companions and Qiyas. So the outline in taking the source of Islamic law is related to the hadith problem which is made as a reference in the sense of Nu in using hadith as the legal basis for four schools, moreover the usual lower hadith, dha'if hadith is used as a source search method law. Taking in the community often discussed the system of extracting Islamic legal sources. We will analyze this short article by analyzing the methods that are used at the same time in order to find out the hadiths used in applying the source of Islamic. The results of this study show that the hadith in the perspective of NU scholars is as a reference to Islamic law and that the hadith has a strong blasphemy based on the study of sanad, matan, and rawi as well as the quality and quantity of hadith based on methods in attributing Islamic law.Keywords: NahdlatulUlama, Hadith, Method.

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The fatwa (pl. fatawa) or non-binding legal opinion is an important institution in Islamic thought. In relation to the shari‘ah (the body of Islamic law), fatwa has been the agent for relating the teaching of shari‘ah to 'the concrete world of human affairs' (Masud, Brinkley, and Messick, 1996:3). It is a medium to understand social change (Hooker, 2003) and a source of Islamic legal and social history (Powers, 1990) of Muslim community. For this reason, fatwa, along with qada’ (Islamic court’s decision) institution, is an important agent of Shari'ah application. In Islamic legal scholarship (fiqh), as some have argues (Schacht, 1964: 74-5 and Hallaq, 1994:), fatwa has been instrumental in the development of furu‘ al-fiqh (theoretical aspect of substantive law) as well as usul al-fiqh (legal methodology of Islamic law) in Islam. The mufti can be seen as the agent of legal change as well (Hallaq, 2001:174). Many fatawa of prominent muftis (jurist-consult) are incorporated into the substantive law of certain madhhab (school of law) and many muftis are prominent jurist-authors affiliated to schools of law (Hallaq, 1994:30-1, and 2001:). Therefore, the interplay between fatwa, fiqh and madhhab is inherent to the theoretical aspect of shari’ah and its practical application...