E-Journal IAIN Samarinda (Institut Agama Islam Negeri)
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Poligami dalam Hukum Islam Indonesia (Analisis Terhadap Putusan Pengadilan Agama No. 915/ pdt.g/ 2014/ pa.bpp Tentang Izin Poligami)
This article discusses the considerations of Balikpapan Religious Court judges in giving polygamy permits in case No. 915 / Pdt.G / 2014 / PA.Bpp. In this case the applicant sought permission to marry his partner that he had married earlier not in accordance to state law (Nikah Sirri) 2014. In 2003, the couple was blessed with a son. They then face legal problems to get his birth certificate; and this is one of the reasons the applicant apply for a polygamy permit. Although the application does not meet the provisions of the marriage law in Indonesia about the terms of polygamy (Article 4 (2) Marriage Law No. 1/1974), the judge in the case still gives permission to the applicant . Consideration of the judges are the permission is given because it has greater utility than to simply follow the provisions of the law of marriage: namely legalizing their Nikah Sirri and welfare of the (illegitimate) child. This case shows once again that Religious Court judges are not only glued in the provision of positive law in Indonesia but also delves living law in the community, including here the principles of sharia and fiqh. Keywords : Polygamy in Islam, religious court in Indonesia
ISLAMIC PERSPECTIVE ON CHILD PROTECTION
Child abuse refers to a range of maltreatments towards children. Identifying risk factors of this typical abuse is a difficult task since the definition of the term abuse is dynamic and socially constructed. Hence, what perceived as abusive in one culture is often considered as normal in other cultures. Discussions on the issue of child abuse lead to a growing demand for a cross cultural understanding of the respected term, and it seems to be in accordance with the spirit of Islam as religion and as a way of life. Thus, this paper aims at exploring Islamic teachings concerning child abuse and child protection. Findings reveal that Islamic teachings, as depicted in the Qur’an and the Hadith, have a set of directions about ideal childrearing. Islam also promotes the protection of children by providing a comprehensive guidance for the parents about the rights of their children.Keywords: Child abuse, child protection, Islamic teachings
Model Evaluasi Penilaian Ranah Afektif Siswa dalam Pembelajaran PAI di SMP Negeri Samarinda
Islamic education is a compulsory subject in every educational institution. Students are expected do not only know theory of religion but they also understand, feel, and implement theory of religion. Therefore, evaluation instrument of affective domain for Islamic education subject need to be developed and taken care since there has not been any evaluation instrument yet which is particularly developed for Islamic education subject. So this research aim at developing evaluation instrument of affective domain for Islamic education subject that fulfill validity and reliability requirement. Population of research object is evaluation instrument of affective domain assessment and population of research subjects are Junior High School students in Samarinda. Sample of this research is taken by using stratified proportional random sampling technique. Referring to the instrument construction, the use of revised GBPP of Islamic education subject for Junior High School is considered as the correct option. Data collection was done by using questionnaire technique. Data was analyzed by using Iteman analysis technique to find out degree of validity and reliability. Data analysis result reveals Likert method questionnaire, from the test of construct validity shows cumulative variant value 90.4% or it can show 94% of theory construct which has been stated. Reliability coefficient obtained is 0.914 with 0.124 SEM value which indicate very good quality of affective domain instrument. The use of sentences in constructing Likert method instrument assisted respondents to respond the instrument well. In Likert method, constructing questionnaire takes long sentences so that the respondents feel tired to read those statements. Likert method require sequence of words to formulate a good and objective statement. The implementation is that in Islamic education subject require efforts to take the decision
Pemilihan Pembiayaan KPR (Kredit Pemilikan Rumah) Dengan Akad Murabahah (Studi kasus di Bank Muamalat Tbk Cabang Pembantu Samarinda Seberang)
Having your own home is the dream of all people, even being the basic human needs that must be met. But most people cannot afford to buy with cash to buy in installments or credit and the bank Muamalat itself, provided a variety of KPRS that can be selected according to the needs and interest free. Having your own home is no longer a difficult one, because there are the housing loans granted by banks commonly called mortgage (KPR). Bank Muamalat was present meet the demand of people with the name Residential Syariah financing from Bank Muamalat is a financing facility for residential property in accordance with Islamic principles. Thatneeds with of the community in the ownership of the house in installment and in accordance with Islamic principles. The purpose of this study to determine Factors Influencing the Customer in choosing a mortgage with AkadMurabaha Financing. This study concluded that the factors Customers Choose AkadMurabaha Financing mortgages with Religion is a factor, Factor Location Factor, Friends, Ad Factors, Economic Factors, Care Factor
Grass Roots’ Voices on the CLIL Implementation in Tertiary Education
Twenty-first Century era has brought great challenges in Indonesian education system, i.e. the increasing demand for the students to have foreign language skills to succeed in global world competition. Particularly in the higher education, the awareness of learning English leads some lecturers in Accounting Department Faculty of Economics State University of Malang to apply the concept of Content-and-Language Integrated Learning (CLIL) during the classroom instruction (CLIL) – dual-focused education in which the content subject is delivered through foreign language. It is expected that students are benefited from content and language integration so that they can compete in the real global market. This study, then, elaborated the CLIL practice reflections in Accounting Department as seen from the students’ viewpoint. The data were collected by means of questionnaire and interview. The respondents were students of accounting department class QQ 2012. The result of this current study, then, is aimed at examining students’ general attitude toward CLIL and the effect of English instruction on their language competence. Moreover, the findings in this present study are also intended for evaluating CLIL implementation for further betterment
Kedudukan Kompilasi Hukum Islam Dalam Tata Urutan Perundang-Undangan Di Indonesia
The Compilation of Islamic Law of Indonesia contains Islamic rules according to the conditions of Indonesian Muslims. The Compilation was formulated, among other things, by adopting an eclectic approach towards sunni schools of Islamic law (Madzahib al-Fiqh) and legal opinions (fatwa) of Indonesian Islamic scholars (ulama). It is now used by the judges in the religious courts as the substantive law in adjudicating Islamic family law cases: marriage, inheritance, and Islamic trust (waqf). Despite its deliberate drafting process, the Compilation is problematic to be a positive law in Indonesia especially after the enactment of Law No. 12 of 2011 concerning the establishment of statutes. This is because the Compilation was passed by means of the Presidential Instruction (or now decree) No. 1 of 1991. The format of Presidential Decree is not listed in the hierarchy of law in Indonesia either prior to or after the promulgation of Law No. 12 of 2011. This article aims to analyze the status of the Compilation as the positive law in Indonesia after the promulgation of Law No. 12 of 2011 and what measures can be taken by the government to elevate its status. It argues that the President can initiate to change the Compilation legal basis from Presidential Decree to Government Regulation in Lieu of Law. In following year, the Government Regulation in Lieu of Law can be passed as an Act. When it is an Act, the Compilation is officially effective and binding in Indonesia
Qanun Man’i al-Maysir fi Wilayati Aceh: Dirasatun Tahliliyatun fi Dhaui Maqasid al-Syari’ah
This research aims to study the prevention law of gambling in Aceh. Which has applied since 2003 M. The problem appears from this study is miss understanding of some Achiness society. Some of them accept that the gambling law is applied according to the purpose of Islam on the prohibit gambling. On another perception some of the community in Aceh do not accept it. they argue that the law of prevention gambling in Aceh is just from government not from Syari’. The explanation of appropriation between the purpose of government on applying this law and the purpose of maqashid al- syariah on prevention gambling. And discuss the reason of miss understanding society. So, this research will analyse the problems deal from this law, the solution, and finding out the wisdom of forbid gambling, and the relation prevention gambling law and the maqashid al – syariah on keep the wealth, because the command of preserve wealth is one of the purpose of syariah that Muslim should watch over it.thus, The researcher adopted the inductive methodology and the analytical approach to reach the solution on it. The most important result finding in this study is firm relation between the prevention gambling law in Aceh and maqashid al- syariah. Gambling is prohibited by many evidences and propositions from al-qur’an and hadits. In addition There are many kind of gambling renowned, the punishment for violate the gambling law is ta’ziriah. This forbidden relate to the command on keeping the wealth. Since that is one of the purpose of shariah. If the prevention of gambling law is approved and applied so that the purpose of shariah is reached as well. Futhermore, the law must be holdout on all Muslims to avoid gambling
PENGARUH SINETRON “ANAK JALANAN” TERHADAP PERILAKU REMAJA DI KOTA SAMARINDA
This research aims at (1) identifying the effects of watching electronic cinema of “Anak Jalanan” to teenagers and identifying factors that lead teenagers to imitate behaviours posed by actress and actors on the electronic cinema of “Anak Jalanan”. Method applied in this research is qualitative-descriptive. Five teenagers ranging from thirteen to fifteen of age are involved in several deep interview sessions while additional subjects from parents and teachers are also involved to gain more data. All subjects in this research are selected through snowball sampling technique. Findings suggest that negative behaviour among teenagers in Samarinda such as untidy style of clothing, using impolite style of speaking, and depicting aggressive behaviour are partially the result of watching cinema electronic of “Anak Jalanan”. Such negative behaviours relates closely to factors like (1) teenager’s need for idol’s figure, (2) lack of parental guidance during TV sessions at home, and (3) the nature of the cinema electronic itself that contains many negative contents. Keywords: Cinema Electronic of “Anak Jalanan”, Juvenile Delinquency, and Imitation of Behaviour
PEMIKIRAN FILSAFAT AL-KINDI
Al-Kindi is the first Muslim philosopher to construct Islamic philosophical thoughts in a systematic and clear way. Philosophical thoughts of Al-Kindi are reflection of doctrines that he received from classic Greece sources and the legacy of Neo-Platonic thoughts combined with Islamic faith. Al-Kindi opens the room of dialogue to combine philosophical doctrines and religion. Knowledge about God, according to Al-Kindi, is early philosophy or the first philosophy; philosophy that states al-Haqq as telos that will end the overall works of philosophy. Al-Kindi divides intelligence based on several stages as follows: active intelligence (intelligence that guarantees the ability of human beings to understand rational matters that needs external stimuli), actual intelligence (potential intelligence that escaped potential boundary when soul started to understand rational and abstract matters), and physical intelligence (intelligence that seriously comprehend rational matters and seeks to transform potential matter into actual thing).Keywords: Philosophical Thought, al-Kind
PENDIDIKAN ISLAM MULTIKULTURAL DALAM PERSPEKTIF FILOSOFIS
Since the years 1950 of multicultural education discourse. The reason involves the issue of racism and discrimination against minority groups originating from Africa. 1970s discourse becomes stronger, such as in America, England, Germany, and others. 1980 is seen as the beginning of the emergence of multicultural educational institutions, as initiated by James A Banks et al. The idea of multicultural education is gaining momentum globally as recommended UNISCO in October 1994 in Geneva Switzerland. Among mulikultural educational thinkers of the West, like James A Banks, L. Derman-Sparks, Dawn Gill, Geneva Gay, Christine Sleeter, Peter McLaren, Donna M. Gollnick, Philip Chinn, Will Kymlica, G. Shin and P. Gorski,. Islamic thinkers who carries a lot of Islamic education multicultural issues, such as Fazlur Rahman, "Abdullahi Ahmed An-Na'im, Mohammed Arkoun, Muhammad Shahrour, Humayun Kabir, and 'Ali Shari'ati, and Mamadiou Dia. Of Indonesia, such as Mansour Fakih, H.A.R. Tilaar, Nurcholish Madjid, Azyumardi Azra, and M. Amin Abdullah. Their sincerity in spreading the idea of multicultural education must be bad sometimes, like humuman sentenced to death, was expelled from the country or convicted of apostasy by its opponents. Islamic multicultural education is a response to a variety of global discourse, especially intercultural and multicultural studies that have been developed in the United States and Erofa caused by discriminatory attitudes in the majority to the minority. As in America and Erofa, multicultural Islamic education aims to build a tolerant attitude, pluralistic, humanistic and inclusive towards fellow human beings. But not infrequently Islamic multicultural education has also become a tool for the control authorities, as happened in the world of education in Indonesia in the New Order era. This article is intended to elaborate on Islamic multicultural education in a philosophical perspective