Jurnal Online Fakultas Syariah dan Hukum (UIN Sunan Ampel Surabaya)
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Problematika Yuridis atas Kekerasan dalam Hukuman Mati Perspektif Fiqh Jinâyah
Get PDFAbstract: in the decision of National General Assembly No. XVII/MPR/1988 and Law No. 39/2009 it is stated that the right to live is granted to all human being. Therefore, the protection of human soul is an inevitability. On the other hand, Indonesian criminal code and other special criminal law, such as Law No 20/2001 on Corruption eradication still adopted capital punishment. Therefore, there is a conflict in the implementation between protection of human rights and implementation of the criminal law. In the study of Islamic criminal law, capital punishment which is imposed to certain crimes, such as homicide, burglary, and rebellion is justified.
Keywords: Problems of juridical, fiqh jinayah, violence, death penalty
Abstrak: Di dalam Tap. MPR No. XVII/MPR/1988 dan UU No. 39 Tahun 2009 disebutkan bahwa hak hidup adalah hak asasi yang dianugerahkan kepada semua manusia. Karenanya perlindungan terhadap jiwa manusia menjadi sesuatu yang niscaya. Di sisi lain, undang-undang di Indonesia mengadopsi penerapan hukuman mati seperti tertulis di KUHP maupun undang-undang lainnya seperti dalam UU No. 31 Tahun 1999 yang diperkuat dengan UU No. 20 Tahun 2001 tentang anti korupsi yang memperkenalkan hukuman mati untuk tindak pidana korupsi. Fakta tentang undang-undang yang memberikan peluang untuk melaksanakan hukuman mati tersebut telah menimbulkan konflik; apakah hukuman mati melanggar Hak Asasi Manusia (HAM) atau sebaliknya? Dalam Kajian fiqh jinâyah, hukuman mati diterapkan untuk tindak pidana tertentu seperti pembunuhan, perampokan, pemberontakan dan lain–lain. Melalui perspektif fiqh jinâyah, hukuman mati dalam pasal 2 (2) UU No. 31 Tahun 1999 jo UU No. 20 Tahun 2001 adalah jenis hukuman yang dibenarkan dan tidak mempunyai potensi kekerasan.
Kata Kunci: Problematika yuridis, fiqh jinâyah, kekerasan, hukuman mati.Abstract: in the decision of National General Assembly No. XVII/MPR/1988 and Law No. 39/2009 it is stated that the right to live is granted to all human being. Therefore, the protection of human soul is an inevitability. On the other hand, Indonesian criminal code and other special criminal law, such as Law No 20/2001 on Corruption eradication still adopted capital punishment. Therefore, there is a conflict in the implementation between protection of human rights and implementation of the criminal law. In the study of Islamic criminal law, capital punishment which is imposed to certain crimes, such as homicide, burglary, and rebellion is justified.
Keywords: Problems of juridical, fiqh jinayah, violence, death penalty
Abstrak: Di dalam Tap. MPR No. XVII/MPR/1988 dan UU No. 39 Tahun 2009 disebutkan bahwa hak hidup adalah hak asasi yang dianugerahkan kepada semua manusia. Karenanya perlindungan terhadap jiwa manusia menjadi sesuatu yang niscaya. Di sisi lain, undang-undang di Indonesia mengadopsi penerapan hukuman mati seperti tertulis di KUHP maupun undang-undang lainnya seperti dalam UU No. 31 Tahun 1999 yang diperkuat dengan UU No. 20 Tahun 2001 tentang anti korupsi yang memperkenalkan hukuman mati untuk tindak pidana korupsi. Fakta tentang undang-undang yang memberikan peluang untuk melaksanakan hukuman mati tersebut telah menimbulkan konflik; apakah hukuman mati melanggar Hak Asasi Manusia (HAM) atau sebaliknya? Dalam Kajian fiqh jinâyah, hukuman mati diterapkan untuk tindak pidana tertentu seperti pembunuhan, perampokan, pemberontakan dan lain–lain. Melalui perspektif fiqh jinâyah, hukuman mati dalam pasal 2 (2) UU No. 31 Tahun 1999 jo UU No. 20 Tahun 2001 adalah jenis hukuman yang dibenarkan dan tidak mempunyai potensi kekerasan.
Kata Kunci: Problematika yuridis, fiqh jinâyah, kekerasan, hukuman mati
Jihad dan Hukum Perang dalam Islam
Get PDFThis article originates from the issue of jihad which becomes so distorted especially after 9/11 terrorist attack. It traces the concept of jihad in islam, the relationship between jihad and warfare or qitÄl fÄ« sabÄ«lillÄ«h, and application of jihad throughout Islamic history. This is a descriptive writing with content analysis and thematic interpretation of al-Qur’an. It concludes that jihad is the ultimate effort done by Muslims to guard, protect, and defend their religion and the ummah. Warfare or qitÄl fÄ« sabÄ«lillÄ«h is a form of jihad with the purpose of defending and protecting the ummah from the menace of the enemies defensively as well as repressively. Warfare in Islam has philosophical aim of daf‘ al-darar or preventing from harms which has to be executed with the principle of tadarruj or staging and priority.On that basis, warfare in Islam is not an act of expression for revenge which is done haphazardly, but it has to be rationally considered and calculated for its benefits and harms. Waging war unilaterally in the name of jihad and amr ma’ruf nahy munkar by creating destruction on the face of earth without clear opponents and objectives is not allowed in Islam. Instead, it is a social sin toward the ummah
Pemikiran Fikih Muhammad ibn Isma’il Al-Bukhary
Get PDFThe discourse of Islamic legal thought has unfolded and been established since the emergence of so-called the ‎eponyms of Islamic school of law. However, Mujtahids which have expertise in hadith or Prophetic Tradition are ‎rarely studied. Al-Bukhary who is an expert of Prophetic Tradition is one of those jurists. His name is unquestioned ‎whenever people talk about hadith. His expertise in hadith has led him to deal with many legal issues and finally ‎gave him expertise in Islamic jurisprudence. This second expertise of al-Bukhary is not well known to many ‎Muslims although his expertise in Islamic jurisprudence had reached the highest level; the level of mujtahid mutlaq ‎‎(absolute legal interpreter) or mujtahid mustaqill (ilk;ndependent legal interpreter). It enables him to independently ‎deduce law since he is not bound to any school of law. Some of Al-Bukhary’s legal opinions are often contradictory ‎to the majority of Islamic jurists. Two examples of his opinions is cited in this article; major bath is not obligatory if ‎sexual intercourse is not concluded with inzal (ejaculation); and that thigh is not part of ‘aurah (privy part).â€
Dialektika Modernis dan Tradisionalis ‎ Pemikiran Hukum Islam Di Indonesia ‎(Pemikiran Hukum Islam KH. Ahmad Sanusi 1888-1950)‎
Get PDFThis article presents an analysis on the construction of thought of K.H Ahmad Sanusi, a Islamic cleric originated from Sukabumi, East Java. He was highly involved in the intellectual contestation between traditionalist Muslims and their modernist counterpart. In some of his opinions about Islamic law, Sanusi positioned himself in the middle of the two opposing camps. In some occasions he leaned towards traditionalists as occasionally he with modernists Muslims launched critiques towards the traditionalists.Such ambiguous position aroused question as to the true stance of Sanusi within the debates and movements within modernist-traditionalist Muslims in Indonesia. The answer to that puzzle is that Sanusi can be considered as traditionalist-progressive or modernist-culturalist. He embraced Islamic school of law yet proposed renewals in its intellectual framework as well as its actual social programs. He maintained religious practices of the traditionalists, such as tradition of embracing school of law to which the modernists launched their criticisms. At the same moment, he did not limit himself to Shafi’iy school of law, opened his mid to other schools, acknowledged the spirit of ijtihad (legal interpretation), studied and wrote a lot on the Qur’anic exegesis, opened schools with were firstly introduced by the Dutch, and remained accommodative to local tradition and culture
Pemberantasan Korupsi di Indonesia ‎(Pengembangan Wacana Keagamaan Anti Korupsi di ‎Kalangan Muhammadiyah)‎
No full textCorruption has become culture in Indonesia. I is so deeply rooted in all sectors that it is difficult to be eradicated. The statistics show that Indonesia is the most corrupted country in Asia and is the fourth corrupted countries worldwide. Corruption is so dangerous that it disturbs and ruins economy and national stability, impedes development processes, and degrades morality. It also reduces trust of society as well as international community towards government so that investors and big business are discouraged to invest their money in Indonesia. Therefore, sincere efforts of all parties are extremely required in corruption eradication campaign. This article describes participation of Muhammadiyah in the campaign through religious discourse on anti-corruption. Muhammadiyah understands corruption not as mere theft, it is more than that. The consequence of corruption is so harmful that Muhammadiyah attempt to locate corruption in the discourse of Islamic jurisprudence. It can be considered qulu’, rishwah or bribery, and other kinds of crime. Muhammadiyah also designs steps of corruption eradication from their Islamic perspective
Nikah Mut’ah dalam Sorotan Hukum Islam dan Hukum Positif
Get PDFIn Islam, marriage lasts until death does the couple apart. Nonetheless, if one or both parties cannot fulfill the rights and perform the duties of marriage, a marriage can end up in divorce. Likewise, if a marriage ends with the death of one of the two parties, the surviving spouse is allowed to remarry. The above description about the essence of marriage cannot be found in temporary marriages. In temporary marriages, a marriage is set to last for a certain time without obligation of providing support and all kinds necessary for normal marriages such as housing, medicines, clothes, and so on. Pregnancy is also part of the contract. Likewise, no inheritance is resulted from such marriages. There is also no divorce as well as right for just treatment in case of the husband is polygamous. The only right for wife is dowry. Thus, there is no responsibility in contemporary marriages. Those marriages are only a means for fulfillment of biological needs whenever a man and a woman have to be in a place away from family for certain period of time
Usul Fikih dan Metode Pengajarannya di IAIN Sunan Ampel Surabaya
Get PDFUshul fiqh (Islamic legal theory) as a method can be utilized to analyze various cases and create a dynamic legal solution to them. As a science, ushul fiqh is dynamic, contextual to time space, scholarship development, and the jurists’ competence. Islamic law is highly dependent on ushul fiqh since it is the guide for Islamic jurisprudence as practical solution for daily issues. On that basis, full mastery of ushul fiqh is a requirement of conducting ijtihad (interpretation).As an institution f Islamic learning focusing on Islamic law and jurisprudence, Faculty of Islamic law is expected to pay attention to the teaching of ushul fiqh, both in theory and practice. Thus, the learning of ushul fiqh is directed toward the anatomy of thought and epistemology in the thought of Islamic law with more emphasis on ushul fiqh as an applied science. To achieve a desired result, several supports should be prepared, such as competent lecturers, supportive attitude of lecturers towards students, good quality of curriculum, detailed syllabi and precise teaching plan, effective teaching method and so forth. By doing so, usul fikh will not only become dead science, but also becomes a means to construct the spirit of ijtihad and eradicates the taqlid tradition which have been hampered the scientific development in Islam for long time
Pemikiran Fikih Muhammad Ibn Isma’il al-Bukhary ‎(Bagian Kedua)‎
No full textAl-Bukhary is a person with expertise in various areas of Islamic science. He is expert on the Qur’anic exegesis, Prophet tradition, jurisprudence, theology, history, belle lettre, and so on with high level of achievement, especially on prophet tradition and jurisprudence. He has a consistent viewpoint even more persistence than Ahmad ibn Hanbal who is well-known for his insistence in employing only sound prophet tradition in jurisprudence. Al-Bukhary never uses weak tradition in jurisprudence. He also devises for his own so very distinct five methods of ijtihad that his jurisprudential interpretation is so distinct compared to other jurists of his time. This article presents al-Bukhary as an absolute jurist (mujtahid mutlaq), focusing on the structure of his legal theory. Therefore, two aspects will be discussed; his methodological structure which makes him worthy of the title; and its application in his jurisprudential products
Konsep Uang dalam Perspektif Ekonomi Islam dan Ekonomi Konvensional
Get PDFMoney which is the most liquid asset, is also commodity in the economy. It can be traded just as goods and services. Everybody has an access to enter money market and sell the money to those who demand it either for consumption, production and investment at the market price. The concept of money then is identical to the capital, this lead to the practice of interest in the money market because interest is considered the price of the use of money. The involvement of the interest in the money market can be traced from its theory of money demand and from the function of money itself as store of value and as standard of deferred payment, besides as medium of exchange and as unit of account or measure of value.In the perspective of an Islamic economics, the function of money is only as medium of exchange and as unit of account. Since money is not commodity it can not be traded in the economy. That is why money is not identical to the capital, as result it also can not be kept for a long period of time. It must be circulated in the society and be used to perform economic activity. So in an Islamic economics money is flow concept and not stock concept, money is public property and not individual property. This distinction of the concept of money in the conventional economics and in an Islamic economics can be traced from its function and its theory of money demand which both of them have advantages and disadvantages. For example, the concept of money in an Islamic economic tends to make money always circulate and flow among society to be used for the economic activity while in the conventional economic money tends to be kept idle as individual wealth and will be released only if its price is quite high in the market. It is not necessary however to force ourselves applying to one concept and leaving the other one, but let both of them go hand in hand and complement each other in economy
Penerapan dan Pembaharuan Hukum Islam Dalam Tata Hukum Mesir dan Turki
Get PDFThis article explains the application of islamic law and its reformation in Egypt and Turkey. The two countries have similarities in their experience of the effort of reforming islamic law. Both have a long history in experiencing the appearance of the four islamic schools of law with the prevalence of the Hanafy school in the masses. When the Ottoman empire ruled Egypt, the ottoman law was also applied in Egypt which in turn also contributed the later development of Egyptian legal system. In addition, there was close encounter between Islam and the West since the 19th Century, which enabled muslims to learn from the West and eventually took the form of secularization in Turkey and Egypt. Nonetheless, in its develepomnet, Egypt is more influenced by islamic jurisprudence basauece of the prevalence of islamic schools of law in Egypt. In contrast, Turkey’s legal system was more secularized especially during and after the reign of Kemal Attaturk