Browsing by Author "Waskito Wibowo"

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    Balancing orthodoxy and flexibility : substantive and accommodative approaches to women’s rights in Qaradawi's fiqh
    (Faculty of Sharia & Law UIN Syarif Hidayatullah Jakarta, 2024-12-31) Waskito Wibowo; Rusli Hasbi; Madi, Ahmed Abd Raziq Ali
    The initiation of the minority fiqh concept for Muslims in countries with a non-Muslim majority is like a coin with two sides. On one side, it is seen as a threat to the established schools with their structured and well-defined methodologies, as it is often suspected of involving talfīq—combining opinions from various schools by selecting the most lenient fatwas. On the other hand, this concept represents an intellectual innovation aimed at helping minority Muslims remain committed to the principles of sharia amid a reality that does not fully support their religious practices. This paper critically investigates whether Qaraḍāwī adheres to a consistent methodology he designed, specifically whether he remains faithful to the principles he espouses or deviates by selectively borrowing opinions across schools. Taking some of his fatwas contained in his book entitled Fī Fiqh al-Aqalliyyāt al-Muslimahas the main object, this study argues that Qaraḍāwī, although, does talfīq in his fatwa by borrowing opinions from several ulama or schools, he consistently adheres to the methodology he established. This approach offers a legal framework that is accommodative yet rich in pragmatic nuances, resulting from a consistent synthesis of various opinions. Furthermore, on a broader scale, this concept provides a framework that balances flexibility with orthodoxy.
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    Sacred spaces : the controversial practice of building churches in muslim lands during the mamluk period
    (Brill, 2024-12-16) Waskito Wibowo
    It is familiarly known among Muslims that Sharīʿa suggests the prohibition of participating in church construction. However, in historical accounts, a number of churches in Arab countries were built during the era of Islam. This led to ambiguities and the perception that the caliphs did not abide by Sharīʿa law then. Therefore, this essay aims to reveal the reasons and motives of those caliphs or other Muslim authority holders allowing the building of churches in Cairo during the Mamluk dynasty. Furthermore, this article seeks the extent to which Muslim authority holders contribute to the church building for Christians and the responses, attitudes and dynamics of Muslim residents around the churches built in their area. By employing the qualitative library method, by making primary and secondary pieces of literature as objects of study and then interpreting them from a historical point of view, this article indicates that life under the Mamluk dynasty was so dynamic. There was a different application for the restriction of building, rebuilding, or reopening churches between society and some sultans. While citizens acted massive attacks and destruction of the churches provoked by the fatwā of the elite, it seems there were also defenses from the authorities for this act of vandalism.
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    The development of fatwa on house of worship in Hanafi school : study on changes, dynamics, and justifications
    (Universitas Islam Internasional Indonesia, 2024) Waskito Wibowo; Syafiq Hasyim
    This thesis seeks to reveal the development of fiqh rule regarding non-Muslim houses of worship, which is a sensitive object in the history of Muslim societies across the periods. This thesis has two main objectives they are 1) to portray how Hanafi jurists' opinions on non-Muslim houses of worship undergo change and continuity among them along with the influencing factors by taking objects across time and place, and 2) to reveal how several modern Muslim countries, especially countries with the majority of Hanafi madhab adherents, determine their attitude between implementing Islamic law or accommodating the needs of non-Muslims. By employing a literature study using a sociolegal approach that combines legal analysis and sociological perspectives, this thesis proposed an argument that the intellectual pattern and framework of the Hanafi School, which tends to use rationality, often interplay and negotiate intricately with socio-political conditions so that the existence of a fiqh rule on the house of worship occasionally becomes erratic between sticking to norms by prohibiting them or being more open by giving permission but with certain conditions.