Clear ala, al Qur' an refuse Jahiliyyah's law purpose that is assessed full with consideration passion atmosphere and pemihakan to given group top kick in society. Hereafter been borne out that islamic law constitutes law the one only that dipegangi shall by man because indigenous God SWT and takes in social's justice and equivalence principle.
On Islamic early period, saw's mohammed broadcast universal ala Islam teaching to all man, under God's apocalypse guidance SWT. W.M. merinci's watt chastened Islam teaching by saw's Mohammed on Islamic early period that into 5 (five) subject theme, which is; God's goodness and power( God' s Goodness And Power ), The Infinite justice at eternity( the Return to God for Judgement ), human response for thanks and curtsey God( Man' s Response –gratitude and worship ), human response is before God for a philanthropist( Man Response to God –Generosity ) and Muhammad prophecy brochure saw( Muhammad' s own vocation ).
Fundamental Mohammed early teachings saw is teachings tawhid which is teaching for devout to God that Esa Mighty, Lord, Universe creator and eternity nature Power that administer the law accountability all its creature (including man) on all its conduct. Logical consequence of this teaching is mark sense to do bit to curtsey and thanks to God and liabilities to become egaliter and mutually love sesame's squire creature, particularly fellow being. In the meantime, in few words can be said that teaching basic on that early period is kesalihan keakhiratan, ethical dignity and pray religious service, as interposed by Lapidus that eschatological piety, ethical nobility and prayer formed the is of early's basis Islam .
In common, standing islamic law upon principle who shall keep absolute and universal ala. That principle, as it were interposed by Infinitive F. Mas' udi, are teaching that qath' i. and becomes grasp yardstick and islamic law acceptance as a whole. That principle diidentifikasikan by for example Infinitive is emancipated principle and individual accountability, human degree equivalence principle before Allah, justice principle, human equation principle before law, principle doesn't disadvantage thyself and others, principle criticizes and social control, principle keeps a promise and menjunjung is deal high, principle helps to help for well, strong principle protects that poor, deliberation principle in business with, husband equivalence principle wife in family, and principle each other treats by ma' ruf among husband and wife.
Due to egalitarianitas in Islamic, al Hujurat /'s letter 49 sentences 13 bears out that the most person noble before Allah SWT is person the most get godfearing, not person which wealthiest, tops or most empowered, entah is male or female and entah comes from tribe whatever. Named at that sentence startup that man most composes from same embryotic origin, which is of a male and a female is next to be scattered to a variety group and tribe. Borne out too that fellow being squire needs to arrange communication and reciprocal interaction. That sentence is downwards told berkenaan with umpteen incident, for example scene which happens at the time fath al makkah . Told that bin Rabah's Muezzin peal adzan's hail and assessed by al Harits bin Hisyam ill fitted because Muezzin is a "ex" swarthy slave. Suhayl bin Amru responds that estimation by declares for that if that Muezzin conduct false, obviously God SWT will change it and is down that sentence.
If then there is orders in islamic law that apparently in conflict with principle egaliter and and another principles, therefore that order has to be understood corresponds to social reality context that girdles it and paying attention function it as legal counter to jurisdictional orders non egaliter what do apply on Jahiliyyah's term. For example beneficial owner law that divide heritage on male and female with part one equal two as it were said in al Qur' an, according to grasp which egaliter, as it were revealed by Infinitive e.g., shall be understood by notices two important thing. First , with give heritage to female and seats male and same female as subject inheriting, therefore islamic law matter have done reform that adequately revolutionary and radical to sentence Jahiliyyah already preexists, which is doesn't make female as subject of heritage receiver and even can become that heritage is alone. Both of , setting economic social in family life on its appearance term order sentences that is family earnings charges took on by male, so division inheritance which divide male with greater heritage than female heritage constitute fair division.
With so, therefore islamic law orders are ruling jurisdictional one have egaliter's characters, are not racial, not feudal and not patriarkhal.
0 komentar:
Post a Comment
Please fill your comment