Society, Law and Economy: Contextualizing Ibn Khaldun's Thought

Economics and the law are the two inseparable things. There is always a relationship between the two. These two things can influence the development of people's welfare. This writing explores that during his life (1332-1406 AD), Ibnu Khaldun spent almost his whole time to read, learn and produce a distinctive work regarding socio-historical development of the existing government and community, as well as the type of local entity. Moreover, for some researchers, the role of Ibnu Khaldun in paving the way for creating foundations of sociological study can’t be neglected. According to him, the role of law in economic activity in general can be seen from two sides, in two equal interests, namely: a. Law is seen from the dimensions of economic activity; and b. Law is seen from the dimension of the state over its authority. Departing from the economic goals, in fact to obtain the maximum profit, the law is merely seen as a useful external factor and can be utilized to secure the economic activities and objectives to be achieved. The research proves that the essence of Ibnu Khaldun’s thought is still relevant to the modern time. Departing from his ideas and comparing them to the western and modern ones, one may conclude that Ibnu Khaldun’s philosophical analyses could be reinterpreted and contextualized. If it is so, then his theories are more identical to Stiglitz than to Smith and Marx

Islamic Law in the Pancasila State

Abstrak: Hukum Islam di Negara Pancasila. Menurut al-Mâwardî dan Ibn Taymiyyah, konsep asal penerapan hukum Islam terletak pada kemestian adanya negara Islam. Tetapi, kenyataannya konsep negara Islam itu sendiri bervariasi dari waktu ke waktu. Maka, konsep yang final dan nyata tidaklah jelas wujudnya. Dengan kata lain, dapat dikatakan bahwa dalam praktiknya hukum Islam dapat diterapkan di manapun selaras dengan konteks sosio-kultural serta perkembangan dan kemajuan. Republik Indonesia adalah contoh yang baik bagaimana hukum Islam dapat diterapkan. Meski negara secara esensial tetap dalam kondisi sekuler, ide tentang penerapan syariah tidaklah secara ekstrem dilarang. Yang perlu dicatat adalah ide tersebut haruslah diperdebatkan dalam ranah publik, sehingga secara alamiah diketahui bahwa negara Pancasila memiliki batasnya sendiri untuk dapat mengakomodasi syariah di satu pihak, dan di pihak lain syariah sendiri merasakan keperluan adanya batasan tersebut dengan memperhatikan konteks Indonesia.Kata Kunci: Pancasila, khilâfah, sekuler, perdebatanAbstract: Islamic Law in the Pancasila State. According to al-Mâwardî and Ibn Taymiyyah the original concept of applying Islamic law lies on the existence of Islamic state. But, the concept of the Islamic state varies from time to time. Thus, the final and real concept always remains unclear. It can be said that in practical sense, Islamic law can be implemented anywhere in accordance with the socio-cultural context and its progress and development. The Republic of Indonesia is a good example of how shariah can be applied. Despite the State remaining relatively secular, in essence, the idea of the application of shariah is not strictly excluded. Nevertheless, these concepts should be debated in public until it is widely known that the Pancasila state is limited in accommodating shariah on the one hand and how shariah can be practised freely by the Indonesian Islamic society on the other.Keywords: Pancasila, khilâfah, secular, debateDOI: 10.15408/ajis.v12i1.97

Cultural Transplantation and Legal Paradox: The Case of the Indonesian Judicial Commission Versus the Supreme Court

The purpose of this research was to prove that solving a legal problem needed an interdisciplinary approach, more than merely pure law. It relates to the working culture of law, inter-subjective understanding and reform willingness. The research was done based on descriptive and qualitative method. It included content analyses of the use and misuse concept of regulation, its effect in actual practice and cultural barrier of law enforcement. The finding of this research proved that law enforcement was not like copying a paper. It related closely to the tradition, usage and custom of people. Transforming society only by introducing new regulation and state institution without cultural restoration ended in failure. Thus, the conclusion was the establishment of Judicial Commission in Indonesia, aimed at transforming the Supreme Court, to be more independent, impartial and accountable by supervising the ethical behaviour of the judge. But Judicial Commission is hampered by many difficulties legally and institutionally. Judicial Commission could not work and achieve its goal to bring about Supreme Court more transparent, not only because of legal obstacles but also cultural impunity

Shari\u27a, Indigenous Wisdom and Human Rights: a Brief Review of Human Rights Enforcement in the Context of Indonesian History

This article deals with the analysis of how human rights discourses have been articulated in the landscape of Indonesia\u27s history. The paper argues that the idea of Shari\u27aization can undermine the search for the common ground in building the discourses of human rights. The history of Indonesia can be classified into three eras: pre-colonial, post-colonial and reform era. Along the history, the spirit of human rights enforcement grows from, and interacts with, Islam and local culture. The language and expression take various forms in accordance with socio-cultural contexts and challenges. However, the essence of the enforcement is rooted in the universal values: freedom from oppression, fear, discrimination and gender inequality. In the future, smart dialogue, sharp debate and sincere discussion between ‘local\u27 symbolic expression and universal standardization are still needed. In addition, the gap can be narrowed also by responding actual violation of human right as it is indicated by Indonesian history: history of social consensus

EFFECTIVE AND EFFICIENT MODELS OF ZAKAT MANAGEMENT: NORMATIVE AND INNOVATION BASE

Zakat is a social mechanism and system outlined in the teachings of Islam to be a path to inner well-being through equitable access to economic resources and togetherness. Unfortunately, often in practice, zakat is only a charitable mechanism. based on mercy and individual volunteerism. This paper wants to emphasize that traditions and thoughts that interpret zakat only as a charity process must be changed. One of them is to do a philosophical normative basic reorientation towards strengthening the stem and the model of zakat which is effective and efficient. This last thing is not only an abash to strive for, but also a necessity. Exposure is done by normative and deductive juridical methods. Combined with a systemic approach that refers to the standardization of organizations and models of social movements that are effective and efficient. The data is extracted from various sources of Islamic law literature then combined with architectural framework theory to find an effective and efficient organizing model. This research is a juridical research that is qualitative, where the researcher will describe and analyze from the data and other literature related to this research in a deductive way . In conducting the analysis, the author uses two approaches: a normative juridical approach and a paralellism setting to the basic theory of efficiency and effectiveness. Thus, to propose a model of innovation based on justified norm

Pendidikan Imu Syariah dan Hukum: Antara Tradisi Normativisme dan Empirisme serta Kemungkinan Pengembangannya

This paper contradicts an idea that (Islamic law) syariah is an antithesis to human rights’ principles. Here, this paper debunks this perception as it is comparable to the way people misunderstand about syariah to criminal law. Therefore, this article demonstrates evidences that support the opposite idea; that is to say that Islamic law is in tandem with the principles of human rights and humanistic values