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PRODUK PEMIKIRAN HUKUM ISLAM DAN PROBLEMATIKANYA DI INDONESIA
Full text linkThis article studies the products of Islamic legal thought and their problems in Indonesia. The products of Islamic legal thought are the products of ijtihad of Islamic scholars (‘ulama) on Islamic laws concerning the activities (a’mal) of human beings. The primary sources of the products of Islamic legal thought are alquran and al-Hadits, while their secondary sources are logical reasoning (al-ra’yu). The application of the products of Islamic legal thought in Indonesia implicitly raises problems, yet explicitly it raises no problems as they are implemented in accordance with Indonesian constitution. Nevertheless, what escapes from our constitution is the criminal law (jinayat) that contains the punishment (hadd) such as cutting off hands for thieves. In this case, the practise of imprisoning the thieves is essentially in harmony with Islamic law
‘AZL (COITUS INTERRUPTUS) DALAM PANDANGAN FUKAHA
Full text linkThis article copes with the issue of ‘azl from Islamic perspective. Generally, ‘azl is the prevention of pregnancy by releasing the sperm out of vagina. In modern context, this practise is analogous with the family planning. The only difference is that the modern family planning uses medicines. Islamic scholars, basing their respective arguments on some hadits of the prophet, have different opinion on the issue: some of them permit the practise of ‘azl, while some others prohibit it. This study reveals that the hadits used by Islamic scholars who forbid the practise of ‘azl is dha’if. Therefore, the practise of ‘azl is actually permitted, with the permission of wife, and without permission if applied to slave
ISLAM DAN MENEPAUSE:: Urgensitas Bimbingan dan Konseling Islam Bagi Persoalan Psikologis Wanita Menopause
Full text linkThis article presents the significance of Islamic counseling for menopausal women. Using multiple approaches, this study reveals that menopause is a biological process that will be experienced by all living creatures, including human beings, especially women. In this menopause phase, there will be some changes in all human parts. All human parts will gradually undergo structural and functional decline, and eventually will be dysfunctional. In Islamic perspective, men and women have equal status. The difference is only in biological aspect and in their role in social life. Therefore, the psychological problems for menopausal women needs counseling based on religious teachings
TINJAUAN HUKUM HOLDING COMPANY DALAM KAITANNYA DENGAN PERSEROAN TERBATAS
Full text linkThis article unearths holding hompany from legal perspective. This study finds out that the establishment of holding company gives some benefits that, in turn, upgrade the ethos of a company, i.e: (a) operational system is more efficient; (b) independent risk is negated; (c) the decision is more accurate so that the goals will be more efficiently reached. The responsibility of holding company to its sub-company is actually limited based on share. Nevertheless, as the contractual relationship is established, according to 1995 Limited Company Constitution, the responsibility can be extended
KONSEP MUDHARABAH Antara Kajian Fiqh dan Penerapan Perbankan
Full text linkThis article tries to study how the concept of mudharabah in classical Islamic legal theories implemented in Islamic monetary institution, especially Islamic banking. Using library research, this study shows that there exists discrepancy between the concept of mudharabah in classical Islamic books and its implementation in Islamic banking. The discrepancy indicates that the door of ijtihad is still widely open in contemporary Islamic law. The prudential principle necessitates Islamic banking to contextualize the classical concept of mudharabah in contemporary socio-cultural situation
ANALISIS YURIDIS TINDAK KEKERASAN SEKSUAL TERHADAP PEREMPUAN
Full text linkThis article unearths the sexual abuse to women. Using legal approach, this study reveals that the goal of law in criminal punishment is essentially to protect the victim from crime, especially raping. The criminal punishment to the person who commits crime is the right of the victim who has suffered from psychological and physical aspects. Although the goal of the law is very ideal, the implementation of the law is still far from ideal, since the rights of the victims of raping are often abandoned. This is evident if we refer to the regulations in the Criminal Punishment Law that normatively neglects the protection of the victim’s basic rights. In addition, the goal of the law in its juridical (normative) substance has not been in harmony with the substance of Islamic law