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OTENTISITAS SUNNAH DAN KEDUDUKANNYA DALAM LEGISLASI HUKUM ISLAM
Get PDFThis paper aims to discover the truth of the authenticity of the Sunnah as the basis of Islamic law legislation. The problem lies on the "doubt" polemic of the existence of Sunnah considering the length of time from the time of codification. Namely, on how the Sunnah "made" and defended as genuine (authentic) sources derived from the Prophet. How did the position of the Sunnah in Islamic law legislation that he deserves obeyed. To find out the answer to these problems, this study analyzes literatures related with, both the "pro-Sunnah" and the "counter-Sunnah", both from the insider and outsider. The conclusion is that the question of the authenticity of the Sunnah always raises debate over writing, history, until the issue of trustworthiness to it. This problem not only sparked debate in relation Muslims and non-Muslims, even among fellow Muslims themselves
MAKNA AHL AL-KITĀB DALAM KONTEKS HUKUM PERKAWINAN MUSLIM DAN AHL AL-KITĀB
Get PDFThis article intends to (re) discuss about the position of ahl al-kitāb woman in the legal context of her marriage with a Muslim. Although thematically, this study has been carried out by experts, an interpretation approach used in this paper is expected to be as distinctive and produce a unique thought. According to khiṭāb Qur'an, that are called ahl al-kitāb are Jews and Christians. But some scholars expand the meaning scope of the ahl al-kitāb for all faiths whose holy book allegedly from God. Islam does not forbid people to marry with ahl al-kitāb. In other side, who is categorized scribes today is the problem. The controversial would be the root of the difference opinions among scholars that there are scholars who allow and forbid anyone on the basis of beneficiaries contains. However, the ability to marry the ahl al-kitāb is not a recommendation, so the positive and negative impacts should be considered in depth by Muslims
REKONSEPTUALISASI MAṬLA‘ DAN URGENSINYA DALAM UNIFIKASI AWAL BULAN QAMARIYAH
Get PDFIn Indonesia, frequently occured the differences on initial determination of islamic lunar month such as Ramadhan, Syawal and Zulhijjah. This difference can not be separated from the two major methods of determining begining of lunar month namely ḥisāb (calculation) and ru’yat (observing hilāl). Apart from debate between ḥisāb and ru’yat, another issue that is also often raises is applicability rukyah and ḥisāb, known as validity of maṭlā‘. Meaning of the maṭlā‘s concept now seen no longer adequate and unable to overcome that differences. For that reason, reinterpretation of the maṭlā‘s meaning is something that is very important. However it should be noted that reinterpretation should not be out of bounds from Shar'i limitation and on the other hand must involve basic science of astronomy so can make it more up to date and more easily accepted rationally
ASTRONOMI ISLAM DAN TEORI HELIOCENTRIS NICOLAUS COPERNICUS
Get PDFIn the 13th century BC Heliocentric concept presented by the Greek philosopher: Aristarchus. But the theory is still a hypothesis, and contrary to the opinion of Aristoteles. Heliocentric theory has not been able to replace Geocentric one, especially with the emergence of Ptolemy (140 AD), known as a pioneer of the Geocentric theory, who wrote a big book titled Almagest which astronomers have refered for centuries. But after Nicolaus Copernicus wrote a book with the title De Revolutionibus Orbium Coelestium, his published heliocentric theory, and finally It was able to undermine Geocentric theory that has long been established. Qur'an which was revealed long ago before this theory has been presented, has explained the astronomical concept such us motion of earth, that aligned with the Heliocentric theory. In the Qur'an there are some verses of earth, moon and sun, among others: Surat Yūnus: 5, al-Naml: 88, Yāsīn: 38, dan 40, al-Anbiyā’: 33, Āli ‘Imrān: 190. According to the exegete such Aḥmad Musṭafā al-Marāghī in his book Tafsir al-Marāghī, that the Heliocentric theory was the one that inline with the Qur'an,and that the Heliocentric theory is a part of the miracle of the Qur'an
DINAMIKA HUKUM DAN HAK ASASI MANUSIA DI NEGARA-NEGARA MUSLIM
Get PDFMuslim countries often stuck in a dilemmatic situation between be exclusively with retaining the Islamic principles of human rights through Islamic law or follow the principles of human rights which is regulated internationally through Universal Declaration of Human Rights (UDHR). The existence of Independent Permanent Commission of Human Rights (IPHRC) as one of the core institutions of organization of the Islamic Cooperation (OIC) intended to be a mediator for the occurrence of constructive dialogue between human rights discourse on one side with Islamic law on the other side. This is the way to reduce dichotomous view that impact on gaps and conflict. The equivalent dialogue continuously between two entities, Islamic law and human rights must always be attempts to open opportunities in more widely shared understanding and in turn will facilitate the achievement of progress and the protection of human rights in Muslim countries. This dialogue also important to remove the negative stigma against Islamic law that is often accused of violating human rights. and also to open space of interpretation to Islamic law that relevance with contemporary life
MODEL APLIKASI FIKIH MUAMALAH PADA FORMULASI HYBRID CONTRACT
Get PDFModern literatures of fiqh mu’āmalah talk alot about various contract formulation with capability of maximizing profit in shariah finance industry. This new contract modification is the synthesis among existing contracts which is formulated in such a way to be an integrated contract. This formulation is known as a hybrid contract or multicontract (al-'uqūd al-murakkabah). Some of them are, bay' bi thaman 'ājil, Ijārah muntahiyah bi ’l-tamlīk dan mushārakah mutanāqiṣah. This study intends to further describe models of hybrid contract, and explore the shari'ah principles in modern financial institutions. This study found a potential shift from the ideal values of the spirit of shari'ah into the spirit of competition based shari'ah formally
INTEGRASI HUKUM PAJAK DAN ZAKAT DI INDONESIA Telaah terhadap Pemikiran Masdar Farid Mas’udi
Get PDFMasdar Farid Mas'udi is famous as an eclectic scholar who produces Islamic thought (ijtihad), which is becomes a subject of conversation among thinkers of Islam in Indonesia. The discourse of zakat and tax integration actually is not something new, but substantially, his thoughts can be used as a consideration of zakat and tax policies in Indonesia, and even become enlightened understanding of Islamic substance in Indonesia. His thoughts on integration of zakat and tax caused controversy and quite diverse questions. This even seems “strange” because he wanted to unite two things that are different substantially and usefulness. However, if we understand his thought more comprehensively both its content and his method of ijtihad, it would seem that his real thinking about tax and zakat unification substantially, can be a problem solution of zakat and tax implementation for Muslims in Indonesia. This paper will present ideas, methods and the formulations of zakat and tax’s concept of Masdar Farid Mas'udi
IMPLEMENTASI MAQĀṢID AL-SHARĪ'AH DALAM HUKUM EKONOMI ISLAM
Get PDFThe objective revelation of Islamic law is to create public interest (maṣlaḥat), both individually and collectively. The public interest that mentioned in Islamic law is the true goodness, not the pseudo benefit which influenced human desires. The Public interest here includes physical and spiritual. The public interest that intended by Islamic law is the goodness in this life and in the hereafter, not solely in the world live. maslahah in the Shariah perspective is based on five principles called al-mabādi'al-khamsah or al-uṣūl alkhamsah namely: keeping religion (hifẓ al-dīn), keeping the soul (hifẓ al-nafs), keeping mind (hifẓ al-‘aql), keeping property (hifẓ al-māl), and keeping descent (hifẓ al-nasl). Maqāṣid al-sharī’ah implementation of some economic problems is to answer the reality of modern society to face the challenges of basic needs such as clothing, food, shelter, health, education, employment, sanitation, energy, transport and information. Crucial needs of modern man is the spiritual and ethical, because modern society only measure the welfare just from the outer side only, that is to meet the needs according to the principle of utility and pragmatis
HUKUM ISLAM DAN DINAMIKA FEMINISME DALAM ORGANISASI NAHDLATUL ULAMA’
Get PDFThe development of the feminist movement has significantly demonstrated in the history of the Nahdlatul Ulama’ (NU) organization. In the midst of the discriminatory issues against women and gender mainstreaming bias, NU consciously and courageously opens up to make space for an expanded discussion of the role of women even in the area of Islamic law (fiqh), which is considered sacredly. Not only in theoretical-normative, but also NU showed consistency in the implementation for the ideas of women roles in the public sphere significantly, although a number of issues is still on the agenda of feminist struggle in the Muslimah community, such as violence against women in the household (domestic violence) and gender mainstreaming issues in a variety of positions in the executive, legislative, and judicial branches of government as well as other strategic institutions. The certain thing is that the feminist movement in Indonesia showed a significant effect on the changes in the political, social, legal, and economical areas
PERGULATAN HUKUM DAN POLITIK DALAM LEGISLASI UU NO. 21 TAHUN 2008 TENTANG PERBANKAN SYARI’AH
Get PDFThis study intends to analyze the historical background of the enactment of Law No. 21 of 2008 concerning Islamic Banking in the perspective of relationship between law and political power. This study are considered attractive in the context of Indonesia as a state law that the majority of the population is Muslim, which is ethically Islamic law becomes an important part in the law development. Politically, the Indonesian government also has a historical background of the harmonious relationship with the Islamic forces. Determination of law No. 21 of 2008 concerning Sharia banking is not free from the constellation and political configurations that occured at that time. However, despite decorated by strict political configuration, the determination of this statue has a accountability of its juridical basis, sociological, and philosophical. Determination This law proves that Islamic law has become one of the sources of national law and has the opportunity to contribute to the development of national laws optimally in the future