E-Journal IAIN Samarinda (Institut Agama Islam Negeri)
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HUKUM ISLAM: ANTARA TEKS, MORAL, DAN AKAL
No full textThe development of paradigm of modern scientific has a significant impact on the development of jurisprudence. A case in point is the influence of postmodernism which has led to a thought that law is no longer deemed as merely a social reality; instead, law is also a metaphysical reality. The shift of jurisprudence paradigm from positivism to postmodernism is considered in line with Islamic thoughts on jurisprudence. This is because: first, Islamic jurisprudence requires the combination of mind and heart; second, the shortcoming of bayani, `irfani and burhani epistemology necessitates a par excellence epistemology i.e. their combination; third, religious morality plays an important role in forming a social order
POLIGAMI DALAM PERSPEKTIF ASGHAR ALI ENGINEER DAN RELEVANSINYA DENGAN KONTEKS INDONESIA
No full textPolygamy has become a polemic among Islamic jurists (fuqaha’) since the classical era of Islamic jurisprudence. The core polemic lies on the issue whether polygamy is permitted, prohibited or permitted with some requirements. This article is to analyze Ashgar Ali Engineer’s opinion on the legal status of polygamy. According to Ashgar, the al-Nisa chapter : 3 concerning about polygamous permissibility must be construed in the light of the al-Nisa chapter : 1 which concerns of doing justice to orphans. This understanding then suggest, Asghar further argue, the permissibility of polygamy is contextual in Islam. Thus, it is possible that its implementation in Muslim country is strictly limited as long as the context where Muslims live required so
EKONOMI ISLAM: KAJIAN KONSEP DAN MODEL PENDEKATAN
No full textThis article is to describe Islamic views on economy as they have been enhsrined in the Koran. There are at least three explanations of what constitute Islamic economy: first, the science of Islamic economy; second, the system of Islamic economy, third, the economy of Muslim. The emergence of Islamic economy is very much to do with the doctrine of riba prohibition. In its modern practice, banking interest is deemed to be riba. In addition, the study of Islamic economy in modern time has been undertaken by means of different approaches
BISNIS DALAM PERSPEKTIF ISLAM (Telaah Aspek Keagamaan dalam Kehidupan Ekonomi)
Get PDFBusiness in Islamic perspective is not only simply material ends but also immaterial ones. Given this, business in Islam must be carried out professionally and compatible to Syariah values. This is so since business in Islam has two dimensions: vertical and horizontal. The Koran therefore has offered the concept of business without loss (tijaratan lan taburra) to all businessmen, i.e. despite losing financially, yet making a profit in the form of religious rewards. Accordingly, this kind of business can only be acquired by observing carefully the vertical and horizontal dimension of business in Islam
IJTIHAD AL-ILMI AL-‘ASHRI: MODERN SCIENTIFIC IJTIHAD
No full textAll problems faced by Muslim in the contemporary life must be answerable in Islamic law. The Koran and the Prophet tradition have given general principles in many aspects so that it is untenable to say that there is no answer for a problem. In addition, the development of Islamic studies has opened the opportunity for nowadays Muslim to carry out ijtihad either individual ijtihad, collective ijtihad or thematic ijtihad. Yet, in order to realize this, Muslims have to study classical Islamic jurisprudence critically. This is done by studying a thought contextually, i.e. by carefully examining where and when an Islamic scholar lived
DINAMIKA FIQH DI INDONESIA (Telaah Historis Lahirnya Fiqh Keindonesiaan)
No full textThe rise of Indonesian-Islamic jurisprudence proposal originates from the concerns that available Islamic jurisprudence has put to much emphasis on Arabian context so that it needs to be localized and contextualized. In general, there are two themes of Islamic law reformation in Indonesia: first, returning to the true message of Koran and Sunnah; second, Indonesiazing existing Islamic jurisprudence. The former is carried out by purifying Islamic rituals from non-Islamic elements, opening the gate of ijtihad, eliminating uncritical obedience to the school of law, allowing eclecticism through comparative study. The latter is conducted, among other things, by making customary law as a source of Islamic law in Indonesia
JUAL BELI GHARAR (Tinjauan terhadap Proses dan Obyek Transaksi Jual Beli)
No full textIslam has urged its follower to seek sustenance through trading. As a matter of fact, the Prophet is a role model of a successful trader and so did many of the Prophet’s companion e.g. Abu Bakar, Umar Ibn Khattab, Utsman Ibn Affan, Abdurrahman Ibn Auf and so forth. When urging the trading, Islam has given guidelines of what is allowed and prohibited. One of them is the prohibition of gharar because it involves uncertainty (betting or gambling) in doing business. This article is to discuss the concept of gharar in Islamic business law. Accordingly, there are two types of gharar i.e. uncertainty in contract and uncertainty in object of contract
RADD DALAM HUKUM KEWARISAN DI TUNISIA
No full textAccording to etymology, radd means to return. In its terminology, radd is returning what remain from the deceased property to dzawil furudh nasabiyah pursuant to their portion if there is no other heirs entitled to receive the property. According to Maliki’s school of law, radd cannot be returned to dzawil furudh nasabiyah; it should be given to baitul mal (Islamic treasury), instead. Tunisia which adopts Maliki’s school of law, interestingly, promulgate a somewhat different concept of radd in its family law. This article therefore is to discuss this inconsistency
ABU HAMID MUHAMMAD AL-GHAZALI DAN METODE IJTIHADNYA DALAM AL-MUSTASHFA
No full textAl-Ghazali (1058 H/1111 M) is one of the prominent Islamic scholars who lived during the golden age. Due to his great contribution, al-Ghazali’s thoughts have been studied for centuries and deemed to be an important Islamic legacy. Al-Ghazali’s eminence in Islamic history can be seen from the title given to him, i.e. hujjatul Islam (the great defender of Islam) and the classical status of his work ‘al-Mustasyfa’, a book of Islamic juriprudence theory. He based his thought on three major Islamic sources: al-Qur’an, the Sunnah, and sound mind. This then have been employed in his discussion on the argumentation of ijma’
HARGA DALAM PERSPEKTIF ISLAM
No full textIn every business, pricing is a very important stage. This is because price will influence the status and performance of company finance; let alone the customers’ perception and positioning the brand. Failure in pricing will have long terms impacts on the company’s existence. In Islam, price becomes a standard of exchange between money and goods/services that a buyer and a seller must be willing. Any methods may be employed to price as long as they fulfill some requirements underlined by Islam