'Urf dunia siber sebagai dasar penetapan hukum bagi problematika hukum Islam di Era Digital

Musarrofa, Ita and Rohman, Holilur (2022) 'Urf dunia siber sebagai dasar penetapan hukum bagi problematika hukum Islam di Era Digital. Project Report. LP2M UINSA, Surabaya. (Unpublished)

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Human interaction with information and communication technology in the digital era, gave birth to a new culture according to the properties of the virtual world. This new culture raises various legal problems that require an answer to Islamic law. Determination of law for issues of Islamic law that arise in this new culture must be able to accommodate the customs or traditions that apply in it. One concept in ushul fiqh that is used to incorporate tradition as a legal basis is `urf. For this reason, this research focuses on how the culture of the cyber world is formed, how the problems of Islamic law that arise in it and how the use of `urf as a rule of legal reasoning in accommodating the habits that apply in cyberspace. The research was conducted using a netnographic method that uses virtual world cultural products as a data source. Data on the concept of `urf were obtained from several books of ushul fiqh. The method of extracting data using documentation techniques with content analysis of the documents collected. The theory used to see how culture in cyberspace is formed is the dialectical theory of the formation of the Peter L. Berger society and to see how the mechanism of using `urf in accommodating traditions in cyberspace is explained using the maqāṣid sharī`ah theory with the Jasser Audah system approach. This study found that culture in cyberspace is formed through the process of externalization, objectification and internalization carried out by humans in it. `Urf that applies in cyberspace can be categorized into `urf khāṣ. The law stipulated must refer to the embodiment of benefit for humans. In producing a law that is centered on benefit, the six features of the system (cognition, wholeness, openness, interrelated hierarchy, multidimensionality, purposiveness) need to be considered in negotiating between revelation on the one hand, fiqh as a product of ulama thought and `urf cyberspace on the other.

Item Type: Monograph (Project Report)
Musarrofa, Ita
Rohman, Holilur
Uncontrolled Keywords: Urf dunia siber; problematika hukum Islam; era digital
Subjects: 18 LAW AND LEGAL STUDIES > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation
Divisions: Fakultas Syariah dan Hukum > Hukum Keluarga Islam
Depositing User: Ita Musarrofa
Date Deposited: 10 Apr 2023 07:39
Last Modified: 10 Apr 2023 07:39
URI: http://repository.uinsa.ac.id/id/eprint/3043

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