AS-SALAM (Jurnal Hukum Islam & Pendidikan)
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    MEMBANGUN HUKUM ISLAM YANG BERKEADILAN: ( PEMIKIRAN MUNAWIR SYADZALI )

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    Indonesia is a country that is Mayority Islam, but still frequently encountered procedure for most people living in Indonesian Islam is not fully using the guidance that has been taught in the Al-Qur’an and Hadist, it is a consequence of a background that can not be avoided anymore because Indonesian law inherited only from countries that had been occupied it. Considering it is certainly what the Indonesian people did not refers 100% to the laws of Islam, but in tradition law that has prevailed for so long. Writing this article aims to build a just Islamic law in accordance with the teachings of Islam with reference to syadzali munawir thinking and knowing the prospect of Islamic law as applied in Indonesia. From the results of the analysis can be in the know that the prospect of the application of Islamic law in Indonesia is ideal because in practice the application of Islamic law would have much streght and solutions that are ready to overcome any weaknesses.Indonesia is a country that is Mayority Islam, but still frequently encountered procedure for most people living in Indonesian Islam is not fully using the guidance that has been taught in the Al-Qur’an and Hadist, it is a consequence of a background that can not be avoided anymore because Indonesian law inherited only from countries that had been occupied it. Considering it is certainly what the Indonesian people did not refers 100% to the laws of Islam, but in tradition law that has prevailed for so long. Writing this article aims to build a just Islamic law in accordance with the teachings of Islam with reference to syadzali munawir thinking and knowing the prospect of Islamic law as applied in Indonesia. From the results of the analysis can be in the know that the prospect of the application of Islamic law in Indonesia is ideal because in practice the application of Islamic law would have much streght and solutions that are ready to overcome any weaknesses

    KONSEP KAFA’AH DALAM PERNIKAHAN MENURUT ISLAM

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    Marri a geis a way chosenby Godas away forhumansto breedandthe preservation fhis life, aftereach pairhad beenready to dotherolein realizingthe purpose of marriage. The purpose ofmarriageis the creation ofa familythat is Sakinah, which covered mawadah warahmah. Many ways can be doneto realize the purpose of marriage, one way todetermine. The prospective husband and wifeare good can didate is the concept kafa'ah. But the way is not akey, but most can not determine whether or not the family in later life. Problems kafa'ah actually there and a debate among scholarssect, opinion among the Hanafi school is more about kafa'ah discussin detail other thans chool, because the suspectaccording to the Hanafi school because cosmopolite kafa'ah born people living in Iraq, from diverse social backgrounds so that the Hanafi school considers importantin terms ofsocial kafa'ah (Sosial Equelity).   kafa'ah theory those becomes inevitable. As with the Maliki school that develop din the Hijaz and Medina were not important kafa'ah in terms ofsocial, religious and only put forward in choosing a husband and wife. Shafi’i and Hanbali found the kafa'ah flexibleor are presentin adapted local customs. Kafa'ah influencerelation to the purpose of marriage, it turns out this kafa'ah segnifikan has influence with the achievement of the purpose of marriage, bothin terms of religion kafa'ah (Religious Equelity) and insocial terms (Sosial Equelity).Marri a geis a way chosenby Godas away forhumansto breedandthe preservation fhis life, aftereach pairhad beenready to dotherolein realizingthe purpose of marriage. The purpose ofmarriageis the creation ofa familythat is Sakinah, which covered mawadah warahmah. Many ways can be doneto realize the purpose of marriage, one way todetermine. The prospective husband and wifeare good can didate is the concept kafa'ah. But the way is not akey, but most can not determine whether or not the family in later life. Problems kafa'ah actually there and a debate among scholarssect, opinion among the Hanafi school is more about kafa'ah discussin detail other thans chool, because the suspectaccording to the Hanafi school because cosmopolite kafa'ah born people living in Iraq, from diverse social backgrounds so that the Hanafi school considers importantin terms ofsocial kafa'ah (Sosial Equelity).   kafa'ah theory those becomes inevitable. As with the Maliki school that develop din the Hijaz and Medina were not important kafa'ah in terms ofsocial, religious and only put forward in choosing a husband and wife. Shafi’i and Hanbali found the kafa'ah flexibleor are presentin adapted local customs. Kafa'ah influencerelation to the purpose of marriage, it turns out this kafa'ah segnifikan has influence with the achievement of the purpose of marriage, bothin terms of religion kafa'ah (Religious Equelity) and insocial terms (Sosial Equelity)

    PERAN KEPALA MADRASAH DALAM MEMBANGUN SEKOLAH ALTERNATIF: (Studi Kasus Pada Madrasah Ibtdaiyah Muhammadiyah Braja Asri - Way Jepara, Lampung Timur)

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    The objective of this research is to depict the process of building an effectiveschool, a qualitative approach is used to conduct this research in which thedata is collected through interview, observation, and documentation. Thedata, then, is analyzed through three steps namely data reduction, datadisplay, and data verivication. Some test like credibility, transferability,dependability, and confirmability are used to test the validity of the data.The finding of this research shows that: the process of building an effectiveschool of Islamic elementary school of Muhammadiya Braja Asri isinitiated by the headmaster through clarifying the objectives of the school,collaborating with the student’s parent, monitoring the student’s progress,enhancing the student’s skill through talent guiding every Saturday, andtraining to improve the teachers and staff’s commitment on education.The objective of this research is to depict the process of building an effectiveschool, a qualitative approach is used to conduct this research in which thedata is collected through interview, observation, and documentation. Thedata, then, is analyzed through three steps namely data reduction, datadisplay, and data verivication. Some test like credibility, transferability,dependability, and confirmability are used to test the validity of the data.The finding of this research shows that: the process of building an effectiveschool of Islamic elementary school of Muhammadiya Braja Asri isinitiated by the headmaster through clarifying the objectives of the school,collaborating with the student’s parent, monitoring the student’s progress,enhancing the student’s skill through talent guiding every Saturday, andtraining to improve the teachers and staff’s commitment on education

    PENDIDIKAN KARAKTER MENURUT IBNU SINA DAN RELEVANSINYA DENGAN PEMBANGUNAN KARAKTER DI INDONESIA

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    Analysing education in Indonesia is still not focused on the ideal educational purposes , this happens because of the moral crisis that occurs in almost all lines and moral crisis that occurred among students , so that character education is becoming increasingly urgent . Ibn Sina is one of the leading thinkers very intense and critical in improving education and encouraging orientation toward character education . Character education here is education in accordance with the expectations of society, which in addition has also qualified personal knowledge, morality, and morality in public life growing global current and future.   The purpose of this study is the study aimed to determine by Ibn Sina Character Education and Its Relevance to Character Development in Indonesia . From the analysis it can be seen that according to Ibn Sina's character education is very relevant at all to the character development in Indonesia. Because the concept of education offered by Ibn Sina ranging from educational goals, curriculum, teaching methods, teacher education and the implementation of the law is in accordance with the demands of the current era.Analysing education in Indonesia is still not focused on the ideal educational purposes , this happens because of the moral crisis that occurs in almost all lines and moral crisis that occurred among students , so that character education is becoming increasingly urgent . Ibn Sina is one of the leading thinkers very intense and critical in improving education and encouraging orientation toward character education . Character education here is education in accordance with the expectations of society, which in addition has also qualified personal knowledge, morality, and morality in public life growing global current and future.   The purpose of this study is the study aimed to determine by Ibn Sina Character Education and Its Relevance to Character Development in Indonesia . From the analysis it can be seen that according to Ibn Sina's character education is very relevant at all to the character development in Indonesia. Because the concept of education offered by Ibn Sina ranging from educational goals, curriculum, teaching methods, teacher education and the implementation of the law is in accordance with the demands of the current era

    AL-KHAUF DAN AL-RAJA’ MENURUT AL-GHAZALI

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    The study form Al-Ghazali abouty Al-Khauf basically urges the people toremember many more about Allah SWT. This also urges to do His order andcasts away His prohibitation. But, all of it will not be perfect if it is not runtogether with the knowledge. It is he explicits that Al-Khauf is a favor ofknowledge. With the knowledge, people will consider Allah SWT and loveHim and so to the King. It is the hope that is one thing better than feelingscarry. It is because the servants which are closer to Allah SWT, are theservants He loves.The study form Al-Ghazali abouty Al-Khauf basically urges the people toremember many more about Allah SWT. This also urges to do His order andcasts away His prohibitation. But, all of it will not be perfect if it is not runtogether with the knowledge. It is he explicits that Al-Khauf is a favor ofknowledge. With the knowledge, people will consider Allah SWT and loveHim and so to the King. It is the hope that is one thing better than feelingscarry. It is because the servants which are closer to Allah SWT, are theservants He loves

    URGENSI METODE KETELADANAN PADA PENDIDIKAN MASA KINI

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    Exemplary method in Islamic education is the most convincing methodthat has in fluenced to a great deal the success of character buildingof students such as moral, spiritual and social. Lack of role model amongeducatorsin practiceing Islamic values is seen as oneof the factor scontributing to a moral crisis. Its applicationin Islamic educationis not onlysupported bye ducators, butalsoby the synergy between parentsandtheen vironment. Exemplarymodels demonstrated by the educators,parentsandcommunity,consciously ornot, areattached tothemselves,eitherin their speeches, deeds, andother material and spiritual things.Educatorsmust beable toact asrole modelsfortheir students, as well asparentsfor their children. And all people can bea good examplein their life.Exemplary method in Islamic education is the most convincing methodthat has in fluenced to a great deal the success of character buildingof students such as moral, spiritual and social. Lack of role model amongeducatorsin practiceing Islamic values is seen as oneof the factor scontributing to a moral crisis. Its applicationin Islamic educationis not onlysupported bye ducators, butalsoby the synergy between parentsandtheen vironment. Exemplarymodels demonstrated by the educators,parentsandcommunity,consciously ornot, areattached tothemselves,eitherin their speeches, deeds, andother material and spiritual things.Educatorsmust beable toact asrole modelsfortheir students, as well asparentsfor their children. And all people can bea good examplein their life

    DISKURSUS PAJAK DAN ZAKAT: KONTEKSTUALISASI DAN APLIKASI DI NEGARA MUSLIM

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    The problem of tax and tithe (zakat) often make a controvertion in Islamiccountries. This is because Islam in Rasulullah era never charged a tax to theMoslem, and only charge zakat. Beside the obligation of tax is charged tothe non-Moslem people that live in the Islamic era or Islamic authority. Thepractice of collecting tax (jizyah and kharaj) in Nabi SAW era was done bythe collector who had a dualism, that is as a zakat collector and also tax.This policy always continued to the next era. Then in era of Umar bin AbdulAziz made a new reformation and restructured the system of tax.Now, a longing with the development of era, the study of zakat and taxincluding the applicating not only in Islamic countries but also non Islamiccountries makes a controvertion. The thought that apperars is how thecountry must place zakat and tax in order to both have a connection.Indonesia, as a country with the great quantity of Islamic people in theworld has a facilitated the obligation of tax to the Islamic people, withhas releashed the regulation about zakat by the government. But inimplementing there are many obstacles.The truly, tax and zakat are two different terms from source side or basicof their collection, but it is as same as the characteristic as a effort to takeor pick up the wealth form society for social interest. Zakat for interest hasbeen regulated by religion or Allah SWT whereas tax is used to interest thathas regulated by country through valid democration process. The differenceof implementing both becomes problem when in particular side there is simmilarity, that is both has a same way obligatory to pay by society. Tax isforced by state’s law, but zakat is forced by God.So that in the system of islamic public finance, zakat and tax must be placedas a different acceptance in a principe, but has a same goal. If it is based onnash-nash, it can be concluded that that nash is valid there is two obligationsfor Islamic people (particularly Indonesian Moslem), that is obligation tofufill zakat and tax at once.The problem of tax and tithe (zakat) often make a controvertion in Islamiccountries. This is because Islam in Rasulullah era never charged a tax to theMoslem, and only charge zakat. Beside the obligation of tax is charged tothe non-Moslem people that live in the Islamic era or Islamic authority. Thepractice of collecting tax (jizyah and kharaj) in Nabi SAW era was done bythe collector who had a dualism, that is as a zakat collector and also tax.This policy always continued to the next era. Then in era of Umar bin AbdulAziz made a new reformation and restructured the system of tax.Now, a longing with the development of era, the study of zakat and taxincluding the applicating not only in Islamic countries but also non Islamiccountries makes a controvertion. The thought that apperars is how thecountry must place zakat and tax in order to both have a connection.Indonesia, as a country with the great quantity of Islamic people in theworld has a facilitated the obligation of tax to the Islamic people, withhas releashed the regulation about zakat by the government. But inimplementing there are many obstacles.The truly, tax and zakat are two different terms from source side or basicof their collection, but it is as same as the characteristic as a effort to takeor pick up the wealth form society for social interest. Zakat for interest hasbeen regulated by religion or Allah SWT whereas tax is used to interest thathas regulated by country through valid democration process. The differenceof implementing both becomes problem when in particular side there is simmilarity, that is both has a same way obligatory to pay by society. Tax isforced by state’s law, but zakat is forced by God.So that in the system of islamic public finance, zakat and tax must be placedas a different acceptance in a principe, but has a same goal. If it is based onnash-nash, it can be concluded that that nash is valid there is two obligationsfor Islamic people (particularly Indonesian Moslem), that is obligation tofufill zakat and tax at once

    PERLINDUNGAN HUKUM TERHADAP BURUH ANAK DITINJAU DARI PERSPEKTIF HUKUM PIDANA

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    The presence of the children who work in places that are categorized as the worst forms of child appropriate for 1982 ILO Convention still be a serious problem and quite significant in this country. Child labor becomes a problematic because in practice the presence of the children there almost resembles the practice of slavery, exploitation of children throughout the day, so practically deprive a child of all their human rights in accordance with the Convention on the Rights of the Child as well as all laws and regulations applicable in the country this. Millions of Indonesian children are now being forced or compelled lost childhood and play them. Economic reasons, most of them forced into underage workers are loaded with risk. Millions of Indonesian children are now stuck in a situation of neglect, the threat of discrimination, exploitation, and violence.The presence of the children who work in places that are categorized as the worst forms of child appropriate for 1982 ILO Convention still be a serious problem and quite significant in this country. Child labor becomes a problematic because in practice the presence of the children there almost resembles the practice of slavery, exploitation of children throughout the day, so practically deprive a child of all their human rights in accordance with the Convention on the Rights of the Child as well as all laws and regulations applicable in the country this. Millions of Indonesian children are now being forced or compelled lost childhood and play them. Economic reasons, most of them forced into underage workers are loaded with risk. Millions of Indonesian children are now stuck in a situation of neglect, the threat of discrimination, exploitation, and violence

    HERMENEUTIKA ASGHAR ALI ENGINEER: MENYINGKAP MEGA SKANDAL TAFSIR PATRILINEAL

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    The perspective of normativity is an understanding of religion which ismore oriented to the relation of human with God and focused to text studynot to submit the rational side. Whereas, historisity is how to understanda religion and text by understanding the historical sides that cover them,or socio-cultural tendencies that cover them too. This renewal of thingkingappears as a concern of the contemporary scientists which are taking notefor the diversity of moslem ………, so the thought above becames a theologicalrevolution toward tranformative theology to answer the reality nowadays.This thought is as a concern of Asghar Ali Engineer, a thinker from Indiafor making phenomenal changes from the perspective and characteristicof moslem.Asghar Ali Engineer by using hermeneutical approach, stresses toconsideration socio-history to find the general principle (substantive) inthe Al-Qur’an. More further, Asghar uses the arguments of ulama/thinkeras an effort to make his ideas stronger. Observating the contains freom text(Al’Qur’an or history) aims to be carrying a gender equality., that is oftenseen in others works. Asghar dissolve a text into context, in order text thathe concerns to this work, to find the relevancy, which is agreeing with thecondition of its era. This case is the evidence that Asghar is efforting to makes text of Al-Qur’an comes alive, so it is become the solution of any problempeople have.The perspective of normativity is an understanding of religion which ismore oriented to the relation of human with God and focused to text studynot to submit the rational side. Whereas, historisity is how to understanda religion and text by understanding the historical sides that cover them,or socio-cultural tendencies that cover them too. This renewal of thingkingappears as a concern of the contemporary scientists which are taking notefor the diversity of moslem ………, so the thought above becames a theologicalrevolution toward tranformative theology to answer the reality nowadays.This thought is as a concern of Asghar Ali Engineer, a thinker from Indiafor making phenomenal changes from the perspective and characteristicof moslem.Asghar Ali Engineer by using hermeneutical approach, stresses toconsideration socio-history to find the general principle (substantive) inthe Al-Qur’an. More further, Asghar uses the arguments of ulama/thinkeras an effort to make his ideas stronger. Observating the contains freom text(Al’Qur’an or history) aims to be carrying a gender equality., that is oftenseen in others works. Asghar dissolve a text into context, in order text thathe concerns to this work, to find the relevancy, which is agreeing with thecondition of its era. This case is the evidence that Asghar is efforting to makes text of Al-Qur’an comes alive, so it is become the solution of any problempeople have

    INTEGRASI KURIKULUM PAI DAN SAINS DI SEKOLAH DASAR

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                More recently, Indonesian education is facing many complex problems in which the root is the emergence of dichotomy between religious and science subjects. From that circumstance, it is strongly needed to have a fundamental concept to combine those two discrepant subjectsthrough“integration concept”.Curriculum integration is originally derived from “integrated curriculum”.This terminology is a curriculum model that can integrate skills, themes, concepts, and topics, which lies under various frameworks:within single discipline, across several disciplines, and within and across learners.             Theoretically, the integration between religious and sciencesubjects is the concept that erasesdichotomy between these subjects. Despite from such advantegous sides, webbedmodel is, in fact, still considered to be the most suitable one used in learning process at elementary schoolsincethis model is designed as suited as possible with either theclassroom condition or the students. Besides, webbed model promotes phases to improve and foster values, which, consequently, needs many suggestions and acknowledgement from other partieswithin its learning process.             In terms of its actual application, webbed model is not separatedwith the principle of curriculum integration which combines certain aspects including skills, themes, concepts, and topics. As a result, through this research, there will be final products; comprise of syllabus and lesson plan integrated and/or in accordance withthe principle of curriculum integration.            More recently, Indonesian education is facing many complex problems in which the root is the emergence of dichotomy between religious and science subjects. From that circumstance, it is strongly needed to have a fundamental concept to combine those two discrepant subjectsthrough“integration concept”.Curriculum integration is originally derived from “integrated curriculum”.This terminology is a curriculum model that can integrate skills, themes, concepts, and topics, which lies under various frameworks:within single discipline, across several disciplines, and within and across learners.             Theoretically, the integration between religious and sciencesubjects is the concept that erasesdichotomy between these subjects. Despite from such advantegous sides, webbedmodel is, in fact, still considered to be the most suitable one used in learning process at elementary schoolsincethis model is designed as suited as possible with either theclassroom condition or the students. Besides, webbed model promotes phases to improve and foster values, which, consequently, needs many suggestions and acknowledgement from other partieswithin its learning process.             In terms of its actual application, webbed model is not separatedwith the principle of curriculum integration which combines certain aspects including skills, themes, concepts, and topics. As a result, through this research, there will be final products; comprise of syllabus and lesson plan integrated and/or in accordance withthe principle of curriculum integration

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