SHARIAH : A DYNAMIC LEGAL SYSTEM

MUNAWIR SADZALI, (2008) SHARIAH : A DYNAMIC LEGAL SYSTEM. Skripsi thesis, UIN Sunan Kalijaga Yogyakarta.

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01. H. MUNAWAR SADZALI - SHARIAH A DYNAMIC LEGAL SYSTEM.pdf - Accepted Version

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Abstract

DESKRIPSI Indonesia, for one, is now busily engaged in the reconstruction of its national legal system, and in that framework the Supreme Court and the Ministry of Religious Affairs launched resently a joint project on the on the Compilation of Islamic Law, with the main objective of producing law books for the Indonesian Shariah judges. In carrying out that task we need a guiding principle in order to safely reach our objective without violating the uneiversality of the Shariah. In our search for such a guiding principle along the history of Islamic jurisprudence, I would say that we have ample evidence that the shariah is truly a dynamic legal system, with degree of adaptability. In this speech, with all humility, I Shall try briefly to substantiate the dynamic and adaptable nature of the Shariah. To begin with, the predominant majority of the Muslim jurists are in general agreement that there is i quot;naskh quot; /i both in Al-Qur'an and in the Traditions of hte Prophet. There are a number of Qur'anic verses the contents af which qualify or even abrogate the laws contained in some other verses revealed to the Prophet earlier. There are also many sayings of the Prophet that revoke some directives that he had given earlier. As we all know, the second Khalifah, i Umar b. Khattab r.a /i succeeded to the Khilafah hardly two years after the death of Prophet Muhammad. Yet during his rule he took quite a number of important decisions in the field of law which seem to represent a departure either from the texts of Al-Quran the Traditions of the Prophet. Below are few examples: 1. Despite the clear stipulation in i the verse 60, Surah At-Taubah, /i as to who the aims is to be distributed, which include the newly converted Muslims quot;whose heart are still to be reconciled quot; i (al-muallafah qulubuhum) /i , yet i Umar b. Khatab /i stoppes alloting a portion of the aims to them. 2. In the administration of the spoils of war i Umar b. Khattab /i did not follow literally the pattern dictated by i the verse 41, Surah Al-Anfal, /i that one-fifth of the spoils is to be allotted to Allah, the Messenger, his relatives, the orphans, the needy and the wayfarer, and the rest to be distribured to those who take part in the war. i Umar /i left the properties, particularly the lands of the newly conquered regions, to the original awners, and imposed on them some sort of taxes as a source of revenue to cover the state expenditures, including the allowances of the members of what might be called to day the quot;standing army quot;. 3. In the time of the Prophet and Abu Bakar, in addition to the punish ment of the one hundred whiplashes as preseribed i in the verse 2, Surah Al-Nur, /i an unmaried adulterer had to be banished for one full year. i Umar b. Khatab /i abolished that additional penalty after he was informated that one adulterer went out to a non Muslim Country.

Item Type: Thesis (Skripsi)
Additional Information / Pembimbing: #CONTRIBUTOR#
Uncontrolled Keywords: Shariah, Dynamic, Legal, System
Subjects: Al Jamiah Jurnal
Divisions: E-Journal
Depositing User / Editor: Miftakhul Yazid Fuadi, SIP.
Date Deposited: 10 Apr 2013 09:48
Last Modified: 16 Jan 2017 03:55
URI: http://digilib.uin-suka.ac.id/id/eprint/1200

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