Not bereft of the vision of 2030, Saudi Arabia reformed its Islamic family law, which resulted in the issuance of Niẓam al-Aḥwāl al-Syakhṣiyyah 1443 H. However, this modernization attempt is shadowed by the long-term preference for the established madhab. By focusing on the talaq issue, this article aims to investigate to what extent this Niẓam articulated with Hanbali madhab in managing divorce. As a normative study, data were collected by examining the primary resource, Niẓam al-Aḥwāl 1443. The result indicates that the positivization of divorce is primarily attributable to the Hanbali’s source of law. This (intra-doctrinal) positivization is intended to ensure legal certainty for the sake of this nation's modernization efforts. It affirms that the attempt in the private sector is in fact a manifestation of the 2030 political vision.[Tidak lepas dari visi 2030, Arab Saudi mereformasi hukum keluarga Islamnya, yang berujung pada keluarnya Niẓam al-Aḥwāl al-Syakhṣiyyah tahun 1443 H. Namun, upaya modernisasi ini terbayangi oleh preferensi jangka panjang terhadap madzhab yang telah mapan. Dengan berfokus pada masalah talak, artikel ini bertujuan untuk menyelidiki sejauh mana Niẓam ini berkaitan dengan madzhab Hanbali dalam mengatur perceraian. Sebagai kajian normatif, data dikumpulkan dengan mengkaji sumber primer, Niẓam al-Aḥwāl 1443. Hasilnya menunjukkan bahwa positivisasi talak terutama disebabkan oleh sumber hukum Hanbali. Positivisasi (intradoktrinal) ini dimaksudkan untuk menjamin kepastian hukum demi upaya modernisasi bangsa ini. Ditegaskan bahwa upaya di sektor swasta sebenarnya merupakan perwujudan dari visi politik 2030.]
This article contains the moderate thoughts offered by Yusuf al-Qardhawi in understanding al-Sunnah. Sunnah is defined differently according to the scientific field emphasized. There is a definition of sunnah according to hadith experts, ushul fiqih experts and jurists. Sunnah in terms of content, there are sunnah qauliyyah, sunnah fi'liyah and taqririyah. The degree of sunnah is second only to the Qur'an. The division of the sunnah into tasyri'iyah and ghairu tasyri'iyah had its seeds in the classical period of the history of Islamic law. In the contemporary period the division of the sunnah into tasyri'iyah and ghairu tasyr'iyah got its perfect form. One of the scholars who developed the distribution of the sunnah is Yusuf al-Qardhawi. He emphasized a moderate understanding in understanding the sunnah. The trick is to divide the sunnah into sunnah tasyri'iyah and ghairu tasyri'iyah so as not to fall into an extreme understanding, as groups that claim sunnah in its various forms must be obeyed and groups that claim to separate worldly things from religions that are too extreme. This idea is an idea that is considered effective in balancing religious understanding so as not to become a group that is too extreme left or right. Especially in the midst of widespread intolerance, extremism and radicalism that is exposed to some contemporary Muslim society.
Discussions about Islamic Law and Politics are always interesting things to discuss. It is interesting because it has become a debate of all time, especially from various circles of formalist madhhab Islamic groups dealing with substantialist schools. The group's debate can be narrowed down to the question of the position of Islamic Law on politics and vice versa. The question is not a simple problem, because the implications are very large for the construction of thought in theory and reality. The purpose of this study is to determine the relationship between power and legal justice, to examine the identity of law and justice, and the necessity of power in law enforcement. The results show that Islamic law is knowledge of human rights and obligations while politics is knowledge of managing public affairs based on power. When viewed from the Islamic law literature, politics is part of the discourse in Islamic law. The Islamic law that regulates politics also has a gap in the interest of incoming power, therefore the Islamic power is obliged to conduct deliberation so that the people's interest is maintained in ijtihadi law and in the application of non-ijtihadi law. Power must uphold justice in every action and its actions cannot be separated from the law. This means that the power to enforce justice is through a just law. Enforcement must be carried out by power so that if power betrays the people, impeachment may be carried out.
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