Implementation of the Islamic Law Transformation’s Rule (Taghayyur Ahkām) During Covid-19 Pandemic in the Perspective of Majelis Tarjih Muhammadiyah in Indonesia

Rachmadhani, Fajar; Sahid, Mualimin Mochammad; Mokhtar, Ahmad Wifaq

doi:10.33102/mjsl.vol10no1.345

Cited by 3 publications

(3 citation statements)

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“…Futures thinking is applied to minimise risk, avoid negative futures, especially worst-case scenarios, and to creatively advance towards desired futures with optimistic visions (Masini, 1993). This is in line with the ideas of Fiqh al-Ma'alat which is an approach to connect the laws and reality (Ishak, 2018;Rachmadhani, Mochammad Sahid, & Mokhtar, 2022). This fiqh connotes a wider understanding and relates to the wider purpose of achieving goodness to truly reflect the Quranic urge to be people who understand .…”

Section: The Manifestation Of Islamic Foresight In the Shariahmentioning

confidence: 80%

The Conceptual Nexus Between Islamic Foresight, Islamic Thought and the Shariah

Mohamad Ali,

Alias,

Abd Rahman Shah

et al. 2024

Malaysian J. of Syariah and Law

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The current global Muslim community is facing new challenges amidst the remnants of historical colonisation, sectarianism, and current geopolitical, economic and social realities. Despite these challenges, Muslim communities in general have been consistent in preserving the religious precepts derived from the primary sources of Al-Quran and Al-Sunnah, which form the foundation of the Islamic identity. Although widely underemphasised, futures thinking is deeply ingrained in the precepts of Islamic thought since the time of Prophet Muhammad (pbuh), which unbeknownst to many, has indubitably shaped the transformation not only in Muslim communities, but has also influenced global shifts in civilisation from multifarious aspects, for example, science and technology, arts, governance and social justice. This paper seeks to illustrate the significance of Islamic futures thinking as a foundation for progress in Muslim communities, by applying the qualitative methods of content analysis and engagements in focus group discussions. To this end, the study analyses data obtained from the exploration of Islamic texts, traditions and literatures on the Islamic perspectives of futures thinking. This paper advances the proposition that futures thinking has a profound basis in Islam due to the universal nature of the Islamic concepts of knowledge, the methods of addressing gradual and imminent change, its constant inspirations towards excellence and a justly balanced society, as well as Islamic ethics in foresight. Findings of this study highlight the importance of futures thinking as a capacity that must be developed in the Muslim world as part of the process towards long term social transformation.

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Section: The Manifestation Of Islamic Foresight In the Shariahmentioning

confidence: 80%

The Conceptual Nexus Between Islamic Foresight, Islamic Thought and the Shariah

Mohamad Ali,

Alias,

Abd Rahman Shah

et al. 2024

Malaysian J. of Syariah and Law

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“…The use of Islamic legal maxims in issuing fatwas is not exclusive to MUI but is also practiced by Nahdlatul Ulama and Muhammadiyah (Mutakin, 2021;Maftuhin & Muflihati, 2022, pp. 359-360;Rachmadhani et al, 2022).…”

Section: Mui Fatwa On Covid-19: Legal Arguments and Fatwa Methodsmentioning

confidence: 99%

Between Exclusivity and Inclusivity of Institutions: Examining the Role of the Indonesian Ulema Council and Its Political Fatwa in Handling the Spread of Covid-19

Hakim,

Prasojo,

Masri

et al. 2023

Khazanah Hukum

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The Indonesian Ulema Council (Majelis Ulama Indonesia, MUI) was stigmatised as an institution accommodating conservative Islamic groups’ interests post-New Order. However, the religious fatwas produced by the MUI during the Covid-19 pandemic in 2020 had prioritised independence so that it returned to its original role, namely as a translator of government policies. For this reason, this article aims to examine the MUI fatwas and its relationship to state policies in tackling the spread of Covid-19. It is a qualitative research study with a historical approach, examining the content of seven fatwas issued by the Fatwa Commission (Komisi Fatwa) between March and July 2020 as the primary data sources. This study found that MUI’s legal arguments and methods are more inclusive, flexible, and progressive towards socio-religious problems. These fatwas have become a reference for the government in taking policies to suppress the spread of Covid-19. It is reinforced by the fact that several fatwas issued by MUI were used as guidelines by the government in formulating policies to curb the spread of Covid-19. Therefore, the authors argue that the MUI’s fatwa politics not only serve the interests of the Muslim community but also align with the state’s interests in tackling the spread of Covid-19. Thus, the debate regarding the stigmatisation of the role of MUI can be dismissed through these findings, providing new insights into the dynamic interplay between religious and legal frameworks.

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“…124). The injunction in these hadiths indicates that it is obligatory (Fajar Rachmadhani, Mualimin Mochammad Sahid, and Mokhtar, A. W., 2022;al-Ṣanʿānī, 1997;al-Shawkānī, 2000;Ibn ʿUthaimīn, 2002). Meanwhile, the majority of scholars, especially the Shafi 'iyyah School, held that closing the row is strongly recommended (not amounting to obligatory) and that deviating from it is makruh (al-Khaṭīb al-Shirbinī, 1994a;al-Suyūṭī, 1987;Ibnu Hajar al-Haitami, 2006).…”

Section: I) the Ruling Of Physical Distancing During Congregational P...mentioning

confidence: 99%

COVID-19: Analysing the Principle and Application of Iʿtibār Ma’ālāt in the Selected Fatwas Issued by the Malaysian National Council for Islamic Religious Affairs (MKI)

Ismail,

Baharuddin

2023

Intellectual Discourse

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About 650 years ago, al-Shāṭibī advocated new reforms on Uṣūl al-Fiqh with the introduction of some novel legal theories. The principle iʿtibār ma’ālāt was among the legal theories he proposed in his magnum opus, al-Muwāfaqāt. However, due to some complicity, his theories received little attention and remain stagnated. In fact, few classical jurists have previously paid attention to the principle of iʿtibār ma’ālāt. Nonetheless, in accordance with the development of the discipline of maqāṣid al-sharīʿah, the discussion on the principle of ma’ālāt, which was previously stagnated, has recently begun to gather traction among researchers worldwide in general, as well as in Malaysia in particular. Interestingly, al-Shāṭibī’s theory is applicable in solving several emerging religious concerns, particularly, in the event of COVID-19 pandemic. Several fatwas have been issued at the national as well as state levels in Malaysia to curb this pandemic. In this qualitative study, several fatwas issued by the Malaysian National Council for Islamic Religious Affairs (MKI) has been selected to analyse the principle and application of iʿtibār ma’ālāt. This study explores the principle and application of iʿtibār ma’ālāt which was implicitly and explicitly applied in each fatwa selected. Furthermore, this indicated that the MKI has successfully implemented the principle in issuing fatwas responding to the emerging religious issues.

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Implementation of the Islamic Law Transformation’s Rule (Taghayyur Ahkām) During Covid-19 Pandemic in the Perspective of Majelis Tarjih Muhammadiyah in Indonesia

Cited by 3 publications

References 0 publications

The Conceptual Nexus Between Islamic Foresight, Islamic Thought and the Shariah

The Conceptual Nexus Between Islamic Foresight, Islamic Thought and the Shariah

Between Exclusivity and Inclusivity of Institutions: Examining the Role of the Indonesian Ulema Council and Its Political Fatwa in Handling the Spread of Covid-19

COVID-19: Analysing the Principle and Application of Iʿtibār Ma’ālāt in the Selected Fatwas Issued by the Malaysian National Council for Islamic Religious Affairs (MKI)

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