Jurnal Online Fakultas Syariah dan Hukum (UIN Sunan Ampel Surabaya)
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Islam dan Masa Depan Hak Asasi Manusia Menurut Abdullah Ahmed Al-Na’im
No full textThe reality of the modern world necessitates a Muslim to rethink about how to be a Muslim in the middle of the interdependence of security, politics, social and culture. This makes Abdullah Ahmed al-Na'im, a Sudanese Muslim intellectual, be restless. The provision of international legal guarantees for the implementation of the collective right of every nation to self-determination make Muslims play the majority of mobilizing their identity in the form of an Islamic state and the implementation of shari’ah itself. However, the affirmation of the collective right to self-determination must be placed within the framework of providing justice for all citizens regardless of sex, race and religion. Herein lies the problem of the implementation of Islamic shari’ah. It is because in some cases, the implementation of Islamic shari’ah actually violates Human Rights, especially the rights of women and non-Muslims. Al-Na'im seeks a peaceful path that Human Rights which established by the United Nations gets the legitimacy of Islam, so that the implementation of the collective right to self-determination by Muslims is not contrary to the values of Human Rights that have been declared universally
PEMIKIRAN MAHMUD SHALTUT TENTANG HUKUM OBLIGASI
Get PDFBonds are debt instruments conditional agreement that all such bonds should be described in the prospectus. In Islam debts agreement required to be stated in a letter of agreement but prohibited reduce debt or any additional terms of the agreement the debts. Mahmud Shaltut allow bond in urgent situations to meet a need. Where there is no other way to meet a need that, but just by holding bonds. Because if not in urgent situations, it may not hold government bonds. Nevertheless, Mahmud Shaltut provide requirements, that to estimate the urgent need to the degree of emergency and maslahah, should be in consideration legal experts, economists, and experts in the shari'ah 'at. The legal basis used by Mahmud Shaltut in digging permissibility Bonds with an approach al-hajah, al-darurat and al-maslahah
MURABAHAH, ANTARA TEORI DAN PRAKTEK
Get PDFIslamic bankers assume that an Islamic bank is a bank that is free from riba. Furthermore, conventional banks as the bank alleges that does not comply with the principles of Islamic prisnip. This naturally raises the question, what is like that. Some scientists doubt munslim statement. In fact, there is a presumption of Islamic banks is just trickery to gain profit. Also some say Islamic banking and conventional banking is not just twins, but are conjoined twins. One contract that much attention is murabahah. Akad murabahah is a superior product in Islamic banks as a clear advantage and the risk of loss can be minimized. According to the study, 60-70% of the amount of financing extended by Islamic banks (both Islamic banks and BMT). Of course, this is reasonable since the establishment of Islamic banks, as conventional banks are profit-oriented. However, Islamic banks do not practice it much different from conventional banks, both do not want to lose. Because profit is determined by Islamic banks, where customers can not haggle Profit must be obtained. This ultimately hurt the principle of voluntarism and mutual fairness in the contract. If it is lost, then the contract does is batil and zalim
Aktualisasi Makna Jihad dalam Kehidupan Modern
Get PDFThis article discusses about the essence of the meaning of jihad and its actualization in a modern life. Basically, jihad has two meanings; First, the notion of the propagation of Islam in a polite, tolerant, peaceful way, and away from coercion and violence. Second, the notion of war. Jihad in the first sense to be applied anytime and anywhere, while the second one should only be applied in a very constrained condition because of the definite threat of the enemy. The main purpose of jihad is al-amr bi al-ma'ruf wa al-nahy an al-munkar. Therefore, in today’s modern context, jihad could be interpreted in a more macro and holistic sense, so that any forms of al-amr bi al-ma'ruf wa al-nahy an al-munkar like an attempt to increase the level of education of Muslims, an attempt to increase the welfare of the Muslims weather economically, politically, and culturally. All are included in a category of jihad in Islam, and they are more important than a physical jihad with a war, due to the current context, jihad with those meanings are the most needed by Muslims
Politik Islam di Indonesia Pasca Kemerdekaan Hingga Demokrasi Terpimpin
Get PDFThis article describes about the Islamic political development in Indonesia after its independence to the guided democracy. In the early days of its independence, there was a debate among Islamists and nationalists in formulating legislation until they agreed upon the first principle “Belief in one Godâ€. At the time of parliamentary democracy, many Islamic organizations established a political party and participated in the general election in 1955, including Masjumi, NU, PSII and Perti. At the time of the guided democracy, there were two groups of the Islamic party. The first group was Masjumi which viewed that the participation in the authoritarian political system as a deviation from Islamic teachings. The second group was the Muslim League (NU, PSII and Perti). They argued that participating in the guided democracy was a realistic and pragmatic attitude. The destruction of the Guided Democracy occurred after a mutiny by PKI’s movement on September 30th, 1965. With the expiration of the Guided Democracy’s period then ended the old order and changed into the new order under the Suharto’s power. This resulted a change in Islamic politics in Indonesia
APLIKASI KAFALAH DI BANK SYARIAH MANDIRI CABANG SURABAYA
Get PDFThe majority of Islamic banking products, it is actually a blend of conventional banking practices with the basic principles of economic transactions Isla>m. However, with his eloquence, Islamic banking products to be very extensive and complete than conventional products, one product is Shari'ah banking services kafa>lah (bank guarantee). Application warranty services at Bank Syariah Mandiri Surabaya branch using contract kafa>lah wadi'ah was included in the financing and banking as the same as the level of risk financing and for-profit alike. Basically the bank guarantee is allowed in Isla> m, while the contract is used in accordance with the operation performed, the application of which occurred in Bank Syariah Mandiri make contract kafa>lah and wadi'ah was and is an agreement in principle tabarru '(goodness) converted into contract tijarah (business) by placing kafa>lah was to find and take advantage of wages that exceed the mere replacement of the administrative costs. In accordance with the agreement of the scholars that it should not change the contract because a contract tabarru tijarah (business)
Pelaksanaan Pemilihan Kepala Desa Daleman Kecamatan Kedungdung Kabupaten Sampang
Get PDFThis article discusses about a political shari’ah’s view on the implementation of the village’s head election in Daleman-Kedungdung-Sampang. The results of the research conclude that the mechanism of the village’s head election starting from the formation of the committee election, the candidates crawl, the campaign, the voice collecting and counting, and the announcement and the establishment of elected candidates. The election committee has done them according to the procedures and not in conflict with the political shari’ah as well as the Regional Regulation of Sampang No. 5 year 2006 concerning the procedures for the nomination, election, appointment and dismissal of the head of the village. However, in its implementation, there was one of the candidates practiced money politics and intimidation where the money politics is banned by Islamic law, while intimidation violates the basic values of the political shari’ah about welfare. It is not also justified under article 15 of Regional Regulation No. 5, article 15 year 2006 of Sampang. In addition to the money politics and intimidation practice, the village’s head election is also tinged with gambling which is obviously forbidden in Islam. However, the Regional Regulation has not clearly set those practices yet
Kemerdekaan Berfikir dalam Hak Asasi Manusia dan Islam
Get PDFIn Islam, reason is put on the most honor place and make it as one of the valuable means to realize the exixtance of God. It is inevitable that some of the Islamic teachings are mobilizing sense, opening mind, and opening human reason, body and soul. Islam does not like the people who do not use their minds, the people whose minds are bound by beliefs and isms that are not based on a correct basis. The independence of thinking can reinforce and strengthen the faith, humility 'and awareness of the greatness of Allah. Independence of thinking is quite important. Because without it, there would be no innovation and creativity. After 68 years of Indonesian’s independence politically, independence of thinking is something that needs to be realized. Without freedom of thinking and social justice, the so called independence is just imaging. Independence of thinking is a golden bridge towards a common welfare. Independence of thinking and freedom of expression are the right of every citizen to express their thoughts orally and in a written form freely in accordance with the provisions of the legislation in force
DINAMIKA PEMIKIRAN HUKUM ISLAM DI MALAYSIA
Get PDFAbstract: The dynamics of Islamic legal thought in malaysia is a contestation of conservatism, moderatism and that of liberalism. When the opposition party of PAS promote conservatism and accuse the government to be not-islamic, UMNO the ruling party responded by launching serial of Islamic campaign. The government try to promote a modern and modern Islam by introducting Islamic Banks, establishing JAKIM to develop modern understanding and application of Islam in Malaysia, hosting an International Islamic Uniersity of Malaysia. Plenty of Muslim intellectuals and clerics were admissed as employees in these institutions. Among the product of this campaign is the enactment of Islamic law act in 1984 for Federal Territory which was reasonably progressive. Thus, criticism from the opposition remains and lead the government to lean toward conservatism. On the other hand, liberal thought of Islam, which in the area of Islamic family law was boosted by gender equality as represented by Sisters in Islam (SIS), also actively engage in discussion and try their best to influence the government policy on Islamic family law with the help of their international exposure.Keywords: Islamic law, Malaysia, conservatism, modernization of the lawAbstrak: Dinamika pemikiran hukum Islam di Malaysia adalah kontestasi konservatisme, moderatism dan liberalisme. Ketika partai oposisi PAS mempromosikan konservatisme dan menuduh pemerintah menjadi tidak-Islam, UMNO partai yang berkuasa merespon dengan meluncurkan seri kampanye Islam. Pemerintah mencoba untuk mempromosikan Islam yang modern dengan mengenalkan Bank Islam dan mendirikan JAKIM untuk mengembangkan pemahaman modern dan penerapan Islam di Malaysia. Banyak intelektual dan ulama Muslim bekerja sebagai karyawan di lembaga-lembaga ini. Di antara produk dari kampanye ini adalah diberlakukannya hukum Islam pada tahun 1984 untuk Wilayah Federal yang cukup progresif. Di sisi lain, pemikiran liberal Islam dalam bidang hukum keluarga Islam didorong oleh kesetaraan gender yang diwakili oleh Sisters in Islam (SIS), yang aktif terlibat dalam diskusi dan mencoba yang terbaik untuk mempengaruhi kebijakan pemerintah pada keluarga Islam.Kata Kunci: Politik hukum Islam, Malaysia, konservatisme dan modernisasi hukumÂ
Sejarah Sosial Hukuman Peminum Khamr
Get PDFPenalty for a drinker can not be separated from the development and changes in society. As one of the many provisions of a criminal penalty, drinker should remain be punished. However, in practice, there are differences in accordance with the implementation of penalty for a drinker. It is about the amount and limit of the punishment given to a drinker. This is because al-Qur'an does not explicitely mention the legal sanctions for a drinker. In contrast to the punitive sanction for the variant of violations of a criminal penalty, such as fornication, adultery, and theft of the mentioned amount and limit of their sentence. The differences in the application of a criminal penalty for drinkers at the Prophet’s time time and after indicate that although the substantive criminal penalty should remain in force, but in the application might be heavier or at least equal as the former penalty. Those facts indicate that Islamic law is related to the changes and development of society. Thus, there is an interplay circumstance between Islamic law and the developments and changes in society, or in otherwise