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HAZAIRIN DAN PENGHAPUSAN PIDANA PENJARA PENDEK
Get PDFThis writing describes Hazarin thought of the ineffectiveness of short imprisonment in Indonesia and the study of possibility replacement of short prison sentences with social penalties. Hazarin said that short imprisonment is ineffective to give deterrent effect, and may even lead to negative stigmas and consequences such as the prisoners will become more virulent after being released from prison, that make people reject the presence of ex-prisoners. Hazarin offers the concept of criminal work in the public interest without being paid in lieu of imprisonment. He also offers customary or Islamic law penalty to replace the short imprisonment as an alternative. Thus the replacement of the short sentence of imprisonment is in accordance with Islamic law and the first principle of Pancasila, the divinity of the God, the Almighty, who gives the human soul religious consciousness. Besides that, it is also in accordance with the fifth principle of Pancasila, the development of human awareness through moral education and justice for peace and justice social life. However, with the current conditions in Indonesia, the Hazainin thought doesn’t seem applicable
RELASI YAHUDI DAN NABI MUHAMMAD DI MADINAH : Pengaruhnya terhadap Politik Islam
Get PDFThis paper describes how is the relationship between the Prophet Muhammad and the Jews of Medina reciprocally, as well as its influence on the political concepts that defined by the Prophet Muhammad. The political interests for the both relations cause the inception of harmony and disharmony state. The relation between the Prophet Muhammad and the Jews became different along with the changes of the desired political interests respectively. Besides that, the Jews in Medina had a lot of contribution to the Prophet Muhammad to realize the power stipulation stretched in all Arabian peninsula until he died. Although the prophet’s success is not entirely of the Jews, but the Jewish contribution may not be overlooked
PARTISIPASI STAKEHOLDER DALAM PERWAKAFAN (Studi Kasus di Rumah Sakit Roemani, Yayasan Badan Wakaf Sultan Agung, dan Masjid Agung Semarang)
Get PDFWaqf is one of Islamic philanthropy institutions which is supposed to be well managed in order to optimize its profits. One of the ways is providing an opportunity for thestakeholders to participate. In reality, nevertheless, the stakeholders’ participation in waqf is still considered low. This is due to the unawareness of the manager (nāẓir) in supporting the stakeholders to take part. Another cause is the stakeholders’ lack of knowledge about their rights in the management of waqf. This is the result of research that describes the forms and reasoning of stakeholder’s participation in waqf in Semarang, especially at Roemani Hospital, Foundation of Badan Wakaf Sultan Agung and Masjid Agung Semarang. This research is conducted with good governance approach that includes management dynamic, professionalism and agency representation.Lembaga wakaf seharusnya menerapkan tata kelola yang baik agar hasilnya optimal. Salah satu caranya adalah dengan memberikan kesempatan stakeholder untuk berpartisipasi. Tetapi dalam realitasnya partisipasi stakeholder masih rendah. Hal ini karena belum terbangun kesadaran pihak pengelola (nazhir) dan ketidaktahuan stakeholder akan hak yang dimilikinya. Tulisan ini merupakan hasil penelitian yangmendeskripsikan bentuk dan alasan partisipasi stakeholder dalam perwakafan di Kota Semarang, khususnya yang terdiri dari Rumah Sakit Roemani, Yayasan Badan Wakaf Sultan Agung dan Masjid Agung Semarang. Penelitian ini dilakukan dengan pendekatan good governance yang mencakup dinamika pengelolaan, profesionalitas serta keterwakilan lembaga
PENETAPAN ‘ADAM WALI NIKAH OLEH PEJABAT KUA DI KOTA SEMARANG
Get PDFThis article is result of the study that describes the determination concept of adam wali nikah by officials of the Religious Affairs Office (KUA) in Semarang, on marriage guardian of an ineligible woman, that because of the bride’s birth is less than six months from her parents’ marriage. Having determined adam marriage guardians’ status, then KUA establishes that the marriage guardian is delegated to KUA officials in each region of Semarang. As for the basis used by those who determine the delegation for the reason of deficient condition of marriage guardians for a female to the KUA is the use of the legal basis contained in adam marriage guardians’ determination in the letter of Director General Guidance and Pilgrimage Affairs Number: D/ED/PW.01/03/1992, in which its position is under the Marriage Legislation No. 1 of 1974 and the Islamic Law Compilation (KHI)
RU’YAT AL-HILĀL DENGAN TEKNOLOGI : Telaah Pelaksanaan Ru’yat al-Hilāl di Baitul Hilal Teluk Kemang Malaysia
Get PDFBaitul Hilal Teluk Kemang which is located at coordinate latitude 2 ° 26 '44' in the North and longitude 101° 51'21' in the East, is one of the good record crescent sighting observation center in Malaysia. The result of the study is as follows, firstly, the method of crescent observation at Baitul Hilal seems quite effective since it is located in a strategic and suitable place for crescent observation activity. Baitul Hilal is also supported by some sophisticated technology such as telescope and DSLR camera operated by some crescent observers who are officially certified by the Malaysian government. Secondly, Baitul Hilal has contributed to crescent observation development in Malaysia. Baitul Hilal also provides with the astronomical data based on monthly crescent activity as an additional data for crescent researcher to analyze the imkᾱn al-rukyah criterion
NUSHŪZ SUAMI-ISTRI DAN SOLUSINYA: Studi Tafsīr al-Rāzī
No full textNushūz means a wife do anything against her husband for no reason that can be accepted by Islamic law (wife nushūz), or husband does not carry out its obligations as stipulated in Islamic law (husband nushūz). This article intends to analyze the concept of nushūz according to Islamic law in the perspective of Fakhr al-Dīn al- Rāzī in his Qur’anic commentary (tafsīr). It also discussed about the solutions of nushūz according to the Qur’an. Based on the study of sura al-Nisa verse: 34, 35, and 128 that nushūz can be done even by the wife or the husband. When problems of nushūz already potentially shiqāq, it is advisable to appoint a ḥakam (mediator), both from husband’s families and wife's families.Nushūz berarti seorang istri melakukan perbuatan yang menentang suami tanpa alasan yang dapat diterima oleh hukum Islam, atau sebaiknya suami tidak menjalankan kewajibannya sebagaimana ketentuan hukum Islam. Artikel ini bermaksud untuk menganalisis konsep nushūz menurut hukum Islam dalam perspektif Fakhr al-Dīn al-Rāzī dalam kitab tafsirnya. Selain itu juga dibahas tentang bagaimana tawaran solusi nushūz menurut al-Qur’an berdasarkan kajian terhadap surat al-Nisā’ ayat 34, 35, dan 128 bahwa nushūz bisa dilakukan oleh istri maupun suami. Ketika permasalahan nushūzsudah mengkhawatirkan sehingga berpotensi shiqāq, maka dianjurkan untuk mengangkat seorang ḥakam (mediator), baik dari keluarga suami maupun keluarga istri
EVOLUSI IJTIHAD IMAM SYAFI’I : Dari Qawl Qadīm ke Qawl Jadīd
Get PDFThis article describes Imam al-Shāfi'i thought in building istinbath Islamic law method and its decition's which evolved from qawl qadīm to qawl jadīd. He is known as the founder of uṣūl al-fiqh science which is arranged systematically-logically and critically. He tried to combine the two schools of thought, those are: Maliki, known as ahl al-ḥadīth that thrives in the Hijaz, and the Hanafi, known as ahl al-ra'y that is entrenched in Iraq. He managed to combine the two schools by taking method good ahl al-ḥadīth and leaving the less ones successfully. Reciprocally, he took the good ahl al-ra’y method and left the poor. It was done for the reason that he had studied with Imam Malik and Muḥammad ibn Ḥasan al-Shaibani, the adherents of the Hanafi schools. The fatwa which he formulated at his living in Iraq is known as qawl qadīm. After he reviewed the fatwa built in Iraq and found the fragility of the arguments as a fundamental, finally, he triggered a new law, namely qawl jadīd which was based on the strong arguments
KRITERIA 29: CARA PANDANG BARU DALAM PENYUSUNAN KALENDER HIJRIYAH
Get PDFHilāl is an early marker of the beginning of the Hijriyah/Qamariyah. The existence of the new moon was used as a reference in the preparation of a system of Islamic calendar. The issue of the new moon it is still be an interesting thing to be studied. In fact there is a lot of research and discussion related with hilāl issues. However, it still has not found an appropriate formula to be used as a reference in creating a standardized system of the Islamic calendar. Currently, there are several criteria that offered to make the calendar system. In this paper, will be presented criteria and other perspectives in formulating a Hijriyah calendar, called the Criteria 29. Some examples of simple calculations and discussions in determining the first day of month of the Hijriyah presented briefly. This elaboration of “Criteria 29” hopefully can give an idea and different viewpoints in order to develop Hijriyah calendar
REINTERPRETASI MAṢLAḤAH SEBAGAI METODE ISTINBĀṬ HUKUM ISLAM: Studi Pemikiran Hukum Islam Abū Isḥāq Ibrāhīm al-Shāṭibī
Get PDFThis article aims to analyze al-Shāṭibī’s thought about maṣlaḥah and its contribution to the renewal of Islamic law. Maṣlaḥah is a method of istinbāṭ which aims to deprive human difficulties in carrying out their obligations, especially in the field of muamalah. General principles of maṣlaḥah that was conceived in al-Qur'an and hadis rise in the doctrine of maqāṣid al-sharī’ah. The main purpose is to enforce maṣlaḥah as an essential element for the all purposes of Islamic law. The doctrine of maqāṣid al-sharī’ah asserted that the purpose of the law is one, namely maṣlaḥah or goodness and prosperity of mankind. According to al-Shāṭibī, maṣlaḥah which formulated the law of Islam must consider the aspects of ḍarūriyyah, ḥājiyyah and taḥsīniyyah as a structure consisting of three tiers one of another mutually related. The significance of al-Shāṭibī’s thinking about maṣlaḥah mursalah is that this method is a kind of unification and as an alternative over differences of opinion among the scholars on the validity of maṣlaḥah mursalah as a method of Islamic law
HUBUNGAN ISLAM DAN NEGARA: Merespons Wacana Politik Islam Kontemporer di Indonesia
Get PDFThis article aims to discuss the issues of the relationship between Islam and state in the Islamic political perspective in Indonesia. This study was motivated by the desire to criticize the development and “up and down” relationship between Islam and state that is very dynamic coloring political situation in “Islamic majority country” Indonesia. This article concluded that understanding the relationship between religion and state with Islamic political approach is not meant to establish a religious state or an Islamic state of Indonesia, but more on filling spaces are functionally religion in order society, nation and state. The relationship between Islam and state can be integrated in a functional relationship equally aspire to nobility. Even integralistic, symbiotic, and secularistic relations, each should be viewed as a form of complementary. Facing the development of modernization, the relationship between Islam and state should be articulated as an effort to always adapt to the development of society in its various aspects, such as: the globalization of the world political economy, science and technology, the development issues of democracy, gender, human rights, pluralism, both nationally and internationally