Otoritas Ijtihad dalam Kajian Hukum Islam (Analisis Kaedah Fikih al-ijtihadu la yunqadhu bi al-ijtihadi)

Al-Qur’an dan Hadits merupakan pedoman utama dalam menyelesaikan berbagai persoalan yang mereka hadapioleh umat Islam. Namun, tidak semua persoalan yang timbul di masyarakat termuat secara detail dalam Kitab Suci umat Islam tersebut maupun dalam hadits. Hukum-hukum yang terdapat dalam Al-Qur’an dan hadits kebanyakan bersifat global. Selain itu, ada perbedaan kondisi antara masa turunnya Al-Qur’an dan Hadits dengan kehidupan modern, karena kebudayaan Islam terus berkembang dari waktu ke waktu dengan segala probematika dan masalahnya sesuai dengan perkembangan zaman. Timbulnya berbagai masalah baru menghendaki kehadiran aturan-aturan yang baru pula dalam Islam. Untuk memecahkan persoalan ini, para ulama berusaha mencurahkan segala daya upayanya untuk berijtihad menetapkan hukum dengan menggunakan metode-metode tertentu, termasuk menggunakan al-Qawā’id al-Fiqhiyah (kaidah-kaidah fiqh). Al-Qawā’id al-Fiqhiyah disusun untuk mempermudah memahami masalah-masalah partikular (juz’iyyat) dan kasus-kasus yang serupa (al-asybah wa al-nazhā-ir) di dalam menentukan hukum suatu perkara. Kaidah tersebut diproduksi dari perbuatan-perbuatan mukallaf yang telah ada hukumnya. Apabila dianggap sudah sesuai dengan Al-Qur’an dan hadits (menjadi kaidah yang mapan & akurat), maka para ulama menggunakan kaidah-kaidah tersebut dalam menjawab berbagai persoalan hukum yang berkembang di masyarakat, baik di bidang sosial, ekonomi, politik, budaya dan sebagainya. Tulisan ini akan mengangkat salah satu contoh kaidah fiqh, yakni: الاءجتهاد لا ينقض بالاءجتهاد(ijtihad tidak dapat dibatalkan oleh ijtihad yang lain)

An Empirical Analysis of the Linder

This paper presents empirical evidence in support of the Linder theory of international trade for three of the South Asian countries, Bangladesh, India, and Pakistan. This finding implies that these countries trade more intensively with countries of other regions, which may have similar per capita income levels, as predicted by Linder in his hypothesis. The contribution of this research is threefold: first, there is new information on the Linder hypothesis by focusing on South Asian countries; second, this is one of very few analyses to capture both time-series and cross-section elements of the trade relationship by employing a panel data set; third, the empirical methodology used in this analysis corrects a major shortcoming in the existing literature by using a censored dependent variable in estimation.

INDIAN MILITARY DOCTRINE AND ITS IMPACT ON SOUTH ASIA’S STRATEGIC STABILITY

India’s aggressive military doctrine exploits the questionable space for a limited war under a nuclear overhang. This doctrine is designed to dilute, if not fully compromise, the notion of nuclear deterrence. Indian military high command has often boasted about waging a conventional war against Pakistan. India’s unilateral decision to repeal Kashmir’s special constitutional status has further exacerbated the volatility of the hitherto conflict-prone environment in South Asia. India’s doctrine manifests in the offensive deployment of S-400 missile systems along Pakistan’s border, further supplemented by the positioning of Dassault Rafale fighter jets. While it might temporarily alter the region’s strategic stability equation, Pakistan must rebalance this shift in its strategic stability. There is a need to review the notion of strategic stability as it applies to the region’s nuclear balance of power. This paper analyses India’s aggressive military doctrine fuelling its desire to wage a limited conventional war against Pakistan, examines the effects of growing military asymmetry, evaluates the impact of the short but swift military action in February 2019, and finally endeavours to determine the stabilizing impact of the nuclear deterrent on South Asia’s strategic stability.   Bibliography Entry Ali, Muhammad, and Syed Mussawar Hussain Bukhari. 2022. "Indian Military Doctrine and Its Impact on South Asia’s Strategic Stability." Margalla Papers 26 (1): 74-84

Interpreting Religious Values in the Singer Tungkun Tradition Among the Dayak Community in Central Kalimantan

The research is motivated by the increasing number of cases of domestic problems caused by the presence of third parties, resulting in divorce cases, therefore the presence of the singer tunkun is an effort to increase legal awareness in the community so that they obey and respect existing Dayak traditional religious values and instill awareness. Customary living based on religious teachings is always emphasized so that divorce and cases of the presence of third parties in domestic relationships do not occur again. The research aimed to explore the religious values found in singer tungkun among the Dayak people of Central Kalimantan. The method used phenomenological research using collaboration from interviews and literature review surveys. The results showed similarities between the religious values in the tradition of singer tungkun with the religious values, contained in the Islamic religion, namely being devoted to God Almighty, being fair, deciding everything through deliberation, forgiving each other, and living peacefully in unity and not mutual enemies, and do not betray each other

Solitary langerhans cell histiocytosis of skull: Case report with one-year follow-up

Langerhans cell histiocytosis (LCH) is a rare disorder characterised by increased production of Langerhans-type histiocytes. It is more common in the pediatric age group with a predilection for osseous involvement, though any organ may be involved. A 10-year male child was brought to the neurosurgical clinic with a slow growing painful tender mass on the head. Initial attempt to biopsy the lesion failed due to excessive bleeding. It was later imaged and removed with a frontal craniotomy. Histopathological evaluation along with immunohistochemistry revealed the true nature of the lesion. Follow-up revealed complete excision of the lesion and no recurrence at one-year after surgery

Practices of the I'adah Zuhur after Friday Prayers in Aceh Besar District: An Analysis with the perspectives of Islamic Law Approaches

This study discusses the practice of i'adah dzuhur after the Friday Prayers in Aceh Besar. I'adah dzuhur is carried out by some people as they see that the performance of Friday Prayers is considered to have ignored several conditions. This leads to some people’s decisions to re-perform the dzuhur prayer. This fact encourages the author to explore reasons that some people consider carrying out the i'adah dzuhur after Friday prayers. In addition, the performance is i'adah dzuhur was also driven by perspectives of Muslim scholars graduated from Islamic traditional boarding schools suggesting that the performance of Friday praying has yet to meet certain level of validity. This study is an empirical juridicial study using the Islamic legal approach. The data for the study was collected through interviews, observation and document analysis. In addition, the data was analyzed using qualitative data analysis procedures. The results showed that the performance of Friday prayers in Aceh Besar has met the rules as mandated in the fiqh. However, some people in Aceh Besar are cautious on the eligibility of the Friday prayer performances. This caution is in regard with the two requirements for the validity of Friday: First, the location between mosques should be adjacent with each other. Second, there should be the minimum number of 40 Friday prayer congregations, and all of them should be well educated on the nature of Friday prayers. As a result of being unsure about the fulfillment of these two conditions and caution (ihtiyati), some people perform the i'adah dzuhur after Friday. Such communal understanding is influenced by the alumni of Islamic traditional Boarding schools (dayah) due to several factors. First, the emergence of Islamic figures from the traditional Islamic boarding school; second, the alumni has been active in various socio-religious activities, and third, the alumni have gained some charisma

An Empirical Analysis of the Linder Theory of International Trade for South Asian Countries.

This paper presents empirical evidence in support of the Linder theory of international trade for three of the South Asian countries, Bangladesh, India, and Pakistan. This finding implies that these countries trade more intensively with countries of other regions, which may have similar per capita income levels, as predicted by Linder in his hypothesis. The contribution of this research is threefold: first, there is new information on the Linder hypothesis by focusing on South Asian countries; second, this is one of very few analyses to capture both time-series and cross-section elements of the trade relationship by employing a panel data set; third, the empirical methodology used in this analysis corrects a major shortcoming in the existing literature by using a censored dependent variable in estimation

PATTERN OF NAZHIR WAKF DEVELOPMENT IN THE CITY OF BANDA ACEH

ABSTRACT Based on waqf regulations in Indonesia, Nazhir waqf is entitled to receive guidance from the government (central Ministry of Religion, Regional Office of the Ministry of Religion, Regency/City Ministry of Religion and KUA) and the Indonesian Waqf Board. However, the waqf regulations in Indonesia do not regulate the pattern of development. This study examines how the pattern of coaching Nazhir in the city of Banda Aceh. The method used in this research is a qualitative method that is a field study or empirical and the focus of the study is the role of the government in fostering Nazhir in the city of Banda Aceh. The results of the study show that the pattern of Nazhir's development in the city of Banda Aceh is a formal and informal pattern. Formal patterns such as seminars, workshops and training. Meanwhile, informal patterns such as at the time of sermons, religious lectures, at the momentum of the handover of Nazhir's decree, the participants were very limited and attended by participants other than Nazhir waqf

Willingness to Communicate in English as a Second Language: A Case Study of Pakistani Undergraduates

Willingness to communicate (WTC) construct plays an important role in second language teaching and learning. Almost any second language learner is likely to respond to a direct question, but many will not continue or initiate communication. The present study investigates Pakistani undergraduate students' perceptions of their willingness to initiate communication in English across four types of context and three types of receiver. 170 Pakistani undergraduate students participated in this quantitative study. The results reveal that Pakistani collage students’ WTC is relatively high. They preferred to initiate talk in English with friends and acquaintances rather than with strangers. Furthermore, they seemed to prefer to initiate communication in private, rather than communicating in front of a large group and public speaking. Pakistani participants were found most willing to communicate in English to small group of friends, while least willing to give a presentation in English in front of large group of strangers. Keywords: Willingness to communicate, context- type, receiver- type, Pakistani undergraduate

Determinants of Green Banking Adoption: A Theoretical Framework

All around the world, Green Banking has gained a tremendous moment in the last few decades. The green movement in the banking sector was triggered due to the escalating global climate change being caused by environmental degradation. Mostly attributed to the manufacturing sector, it has now been realized that banks are one of the major causes of the global climate change both directly and indirectly. This has caused an increased focus and stakeholder pressure for Green Banking adoption at the global level. Based on the Institutional theory, this study proposes a framework for examining the relationship between organizational adoption determinants and the adoption of Green Banking. The proposed framework is based on Institutional theory and justified through the existing literature. The study proposes the hypothesis for examining the relationship between determinants and Green Banking adoption. External or institutional factors are proposed to play an essential role in influencing a bank’s adoption of Green Banking practices. The proposed framework can be adopted by a country’s regulatory authorities and the individual banks in order to identify the factors that can positively influence and facilitate the adoption of Green Banking.   Keywords:greenbanking,greenbankingadoption,stakeholderpressures,institutional theory, green banks