Land in Indonesian legal system has an enormous funtion. Land is a factor of production. In order to be productive, Land has to be utilized accourding to its function. The law will deny the right of lands owners if they desert their land in a certain period of time. Leaving the land unexploited is considered the violation against its social function. this paper axamines the factor that triger t…
Water stock with is huge resources in Indonesia due to the high rainfall and wet climate in turn leads our people to have an assumption that Indonesia has an endlles water resource. Sustainable development states that in case water resource supportability has not achieved yet, people sould maintain an acces balance to the limited water resource and use an effective technology which may reduce a…
Interfaith marriage is factual phenomenon in current Indonesian community even though to prohibition of that marriage is clearly stated in fatwa of the Council of Indonesian Ulama' [MUI] which strongly forbade this kind of marriage. Lekiwise, KHI [islamic law compilation] mentions some similar notions. However, it is interesting academically to observe sociological background in which the fatwa…
A commandment to conduct ijtihad" and avoid "taqlid" to all people were intruduced by Ibnu Hazm. This Sugesstion
Religious endowment [wakaf] is one of the means introduced by syari'ah to distribute wealth for good social cause. Wakaf has been practiced in Indonesia for ages, mostly in the form of giving land for educational or religious purposes. As an instrument for enhancing social life, mauquf could also be in the form of money. This new form of wakaf, is intruduced in Indonesia as a respont to the eco…
Alcoholic beverages as well as narcotic and unjustified medicines [miras dan narkoba], have similar characteristic [illat], namely threatening all aspects of human life. In spite of their similarities, regarding islamic law perspective, they have distinct definitions. Miras take a form of liquid whereas narkoba has a form of solid or powder, or even plants. The inquiry is do they have the some …
This piece of writing will discuss two distinct groups in syi'ah tradition, which differ one from anather in determining the right owner of religious autorities. The first group, ushuliyyah, asserts that activities of ijtihad only belong to particular group, the so called mujtahid. The common people, therefore, have to obey their fatwa. In this contect, marja' al taqlid, then, refers to a commi…
There are three aims of this article. Firstly, it will find out the basic problem one the phyloshophy of social science; Whether each individual of society has their own reality or not. Secondly, it will assure that al Qur'an is able to be a valid reverence in reflecting and acknowledging the social science. By using a thematic method, this article will explain that there are more values of phi…
Al Hallaj is welknown as a contraversial figure is sufi world. Dueto his high achievement of inner consciosness, he has successfully met God [al Haq] and claimed when is sakr [extacy] that he was the truth [ana al Haq]. Seen from his statement, we may infer that al Hallaj had no f to any but God. This situation made goverment worry since the number of followers experienced a gradual increase, a…
Mohammed Arkoun is a noted scholar who combines religious analysis and philosophycal analysis, resulting in post modernism analysis. It means that he intruduces a systimatic approach that can anticipate untrue conclusion when delineating phenomenon in muslim world. this article will presen the bases of Arkoun's thought to solve the problem in comtemporary situation.hety.