THE NAHDLATUL ULAMA PARADIGM IN LEGAL FATWA ON NON-MUSLIM CITIZENSHIP

The 2019 NU (Nahdlatul Ulama) National Conference/Consultation in Banjar, West Java, decided not to categorize non-Muslims in the public context as mu'āhad, musta'man, żimmy, or harbi. The status of non-Muslims in a nation-state is as citizens (muwathin) who have equal rights and obligations as other citizens. This decision has opened up new discourse on the legal decision-making methodology in NU, which needs to be studied. The research method uses two approaches: first, usul fiqh with the theory of fatwa change (at-taghayyur fī al-fatwa); second, a scientific approach with the theory of methodology of scientific research programs by Imre Lakatos. The NU paradigm of protecting the primary sources of Islam through the mechanism of fatwa change is a key finding of the researcher. The primary sources of Islam being protected are the universal values contained in the sacred texts (the Qur'an), which are manifested in the usūl al-khamsah (five fundamental principles): hifzh ad-dīn (preserving religion), hifzh al-nafs wa al-‘irdh (preserving life and honor), hifzh al-‘aql (preserving intellect), hifzh al-nasl (preserving lineage), and hifzh al-māl (preserving property).

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Publication Details

Journal
Pena Justisia Media Komunikasi dan Kajian Hukum
Published
2024-12-23
DOI
https://doi.org/10.31941/pj.v23i3.5423
Primary Topic
Islamic Finance and Communication
Type
article
Field-Weighted Citation Impact
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article

THE NAHDLATUL ULAMA PARADIGM IN LEGAL FATWA ON NON-MUSLIM CITIZENSHIP

Husna Nashihin, Muhammad Ali Syakur
Pena Justisia Media Komunikasi dan Kajian Hukum
Islamic Finance and Communication
article

THE NAHDLATUL ULAMA PARADIGM IN LEGAL FATWA ON NON-MUSLIM CITIZENSHIP

Husna Nashihin, Muhammad Ali Syakur
article en

Abstract

The 2019 NU (Nahdlatul Ulama) National Conference/Consultation in Banjar, West Java, decided not to categorize non-Muslims in the public context as mu'āhad, musta'man, żimmy, or harbi. The status of non-Muslims in a nation-state is as citizens (muwathin) who have equal rights and obligations as other citizens. This decision has opened up new discourse on the legal decision-making methodology in NU, which needs to be studied. The research method uses two approaches: first, usul fiqh with the theory of fatwa change (at-taghayyur fī al-fatwa); second, a scientific approach with the theory of methodology of scientific research programs by Imre Lakatos. The NU paradigm of protecting the primary sources of Islam through the mechanism of fatwa change is a key finding of the researcher. The primary sources of Islam being protected are the universal values contained in the sacred texts (the Qur'an), which are manifested in the usūl al-khamsah (five fundamental principles): hifzh ad-dīn (preserving religion), hifzh al-nafs wa al-‘irdh (preserving life and honor), hifzh al-‘aql (preserving intellect), hifzh al-nasl (preserving lineage), and hifzh al-māl (preserving property).

Pena Justisia Media Komunikasi dan Kajian HukumVol. 23(3)
Peace, Justice and strong institutions
Openalex Percentile: Top 59%
Islamic Finance and Communication
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