Ulumuna

21-40

Authors: Moh. Lutfi Nurcahyono

The shifting of islamic law/fiqh thought from orthodoxy-truth-based paradigm to social-meaning-based one, or from a “black-white” character to be a “nuanced” as well as rich perspective describes the flexibility of progress experienced by Islamic law. Such a change (al-tagayyur) is a necessity and a logical consequence of its flexibility character. Further consequence is the necessity of continuing efforts to do the excavation, discovery, customization, and filtering of the change. This article aims to explore one of the efforts, namely the renewing of method of Islamic law invention, especially in this era, in the form of an integrated approach to Islamic law and social sciences.

71-102

Authors: Zaenuddin Mansyur

In order to answer a variety of issues faced by human being in the current era, such as human rights abuses, social disintegration, and terrorism, the renewal of Islamic law in the level of theoretical and practical aspects is very urgent. This paper aims to examine one of the Islamic legal reform efforts, namely to build a more technical understanding of the concept of ma╣la╪ah contained in the maqā╣īd sharī‘ah, called the al-kulliyat al-khamsah. Therefore, the concept of ma╣la╪ah in ╪if╬ al-dīn is technically defined as al-╪urriyah al-i‘tiqād (freedom of religion and schools); in ╪if╬ al-nafs as al-karamat al-insān (human being breeding); in ╪if╬ al-nasl as ╪if╬ al-usrah (wholeness and harmony of the family); in ╪if╬ al-māl as al-ta╨ammun al-insān (social solidarity ), and in ╪if╬ al-‘aql as al-╪uqūq as al-tarbiyāt (increasing human resources quality).

125-142

Authors: Miftahul Huda

By studying The Law Number 41 Year 2004 about Waqf, this paper describes the various methods and trends of waqf legal reform in Indonesia. Variety of methods of waqf legal reform in Indonesia using several methods, such as takh╣ī╣ al-qa╨ā, tahyīr, talfīq, and siyāsah shar‘iyyah. The trends of waqf legal reform in Indonesia leads toward a more comprehensive of understanding the law, the development of a more integrative governance of waqf, and an increase of capacity building of stronger waqf institution. With the methods and trends of waqf legal reform, efforts to create social welfare in Indonesia are possible to realized.

163-188

Authors: Muhammad Ansor

This article is an attempt to analyze the practice of polygamy and women’s resistance in Langsa. It will describe the stand point of the women involved in polygamy in their effort to renegotiate their understanding on the Islamic legal ruling on polygamy through their daily activities. By applying socio-anthropology approach, it found that there are two types of resistance: hidden and opened. Hidden resistance (hidden trancript) is revealed through various expressions, such as tarnishing the good name of the spouse or the second wife, pretending to be obedience while doing other wise, or confronting the spouse’s ruling on handling the household. Opened resistance (public transcript) is carried out in two ways, either by asking a divorce before the second marriage takes place, or after, when the second marriage is carried out without the consent of the first wife. Finally, this article argues that the resistance expression of the women involved in polygamy is in fact part of their resistance effort against the dominant interpretation of the legal ruling of polygamy in Islam.